[Rev. 8/1/2018 3:17:50 PM]

 

[NAC-502 Revised Date: 3-18]

CHAPTER 502 - WILDLIFE: LICENSES, TAGS AND PERMITS

GENERAL PROVISIONS

502.001              Definitions.

502.0015            “Accompanies and directly supervises” defined.

502.002              “Antelope with horns longer than its ears” defined.

502.0025            “Antelope with horns longer than its ears only” defined.

502.003              “Antelope with horns shorter than its ears” defined.

502.0035            “Antelope with horns shorter than its ears only” defined.

502.005              “Antler” defined.

502.006              “Antler point” defined.

502.007              “Antlered deer” defined.

502.0072            “Antlered deer only” defined.

502.0074            “Antlered elk” defined.

502.0076            “Antlered elk only” defined.

502.008              “Antlerless deer” defined.

502.0085            “Antlerless deer only” defined.

502.009              “Antlerless elk” defined.

502.0095            “Antlerless elk only” defined.

502.0097            “Apprentice hunter” defined.

502.010              “Armed Forces of the United States” defined.

502.012              “Automated license agent” defined.

502.015              “Batch report” defined.

502.020              “Big game mammal” defined.

502.027              “Bonus point program” defined.

502.029              “Client number” defined.

502.033              “Commission” defined.

502.040              “Department” defined.

502.043              “Designated licensed assistant” defined.

502.050              “General hunt” defined.

502.054              “Hunt number” defined.

502.057              “Hunter choice number” defined.

502.060              “Hunting” defined.

502.063              “Junior hunt” defined.

502.065              “License agent” defined.

502.080              “License office” defined.

502.081              “Licensing document” defined.

502.0815            “Main drawing” defined.

502.082              “Manual license agent” defined.

502.083              “Mentor hunter” defined.

502.084              “Nevada Interstate Boundary Waters License” defined.

502.085              “Nonresident” defined.

502.090              “Person who is blind” defined.

502.101              “Short-term permit” defined.

502.1035            “Special assistance permit” defined.

502.104              “Spike elk” defined.

502.1045            “Spike elk only” defined.

502.105              “Type of hunt” defined.

502.115              “Validate” defined.

502.117              “Resident Native American” interpreted.

PAYMENT OF FEES GENERALLY

502.118              Method of payment; fee for application submitted electronically.

502.119              Dishonored checks or drafts; effect of dishonored payment or nonpayment.

LICENSE AGENTS

502.120              Authorization of license agent to issue licenses, tags, permits and other licensing documents.

502.125              Unlawful issuance of licenses, tags, permits or other authorized documents.

502.140              Appointment of license agents; required participation in automated licensing system.

502.145              Application; fee; financial information; permanent building; investigation by Department; contract.

502.147              Criteria considered for approval of application.

502.150              Bond required; payment of premium for bond; transfer or sale of business.

502.152              Responsibilities of agent; prohibited acts.

502.160              Disposition of money collected; failure to comply; availability of documents for inspection and audit.

502.165              Department to establish procedures regarding documents.

502.180              Voided documents: Credit to license agent.

502.192              Relinquishment or cancellation of authority: Recall of licensing documents and equipment.

502.195              Grounds for probation of license agent or cancellation of authority.

502.197              Cancellation of authority: Appeal to Commission; limitations on reapplication.

LICENSES, TAGS AND PERMITS GENERALLY

502.199              Application for initial issuance of licensing document; required information and statement.

502.203              Trapping license: Date of expiration.

502.211              Removal of personal information from lists sold by Department.

502.220              Issuance of specialty combination hunting and fishing license to members of Armed Forces who are residents of Nevada.

502.240              Issuance of hunting licenses to persons who are blind: Certificate.

502.245              Application for specialty combination hunting and fishing license for person with severe physical disability.

502.250              Application and fee for duplicate license.

502.264              Mentor hunter: Contents of affidavit; separate affidavit required for each apprentice hunter.

502.265              Mentor hunter: Period of validity of affidavit.

502.266              Mentor hunter: Possession of affidavit; requirements for accompaniment and direct supervision of apprentice hunter.

502.282              Permits for season or special use: Computerized system of drawing; application; fee.

502.283              Short-term permits; authorization number in lieu of document.

FISHING

502.285              Fishing in reciprocal waters of Colorado River, Lake Mead and Lake Mohave.

502.286              Fishing in Lake Tahoe and Topaz Lake.

502.295              Special fishing permits: Period of validity.

502.297              Use of second combination of hook, line and rod.

502.300              Date when fishing license not required.

TAGS, PERMITS, STAMPS AND OTHER REQUIREMENTS

General Provisions

502.310              Tags and permits: Conditions for issuance.

502.312              Designation of period within season as controlled hunt.

502.314              Duplicate tags.

502.321              Replacement tags.

502.331              Limitation on number of big game tags; application and fee for tag or bonus point.

502.333              Limitation on applying for junior hunt.

502.336              Deferral of privilege to use game tag by certain members of Armed Forces.

502.341              Antelope tags.

502.345              Bighorn sheep: Tags; presentation of skull and horns to representative of Department.

502.347              Bobcats: Miscellaneous requirements; prohibited and unlawful acts; transportation; fee for seal.

502.361              Elk tags.

502.364              Mountain goats: Tags; inspection.

502.370              Mountain lions: Tags; open season; miscellaneous requirements; unlawful acts.

502.373              Black bears: Tags; fees; miscellaneous requirements; unlawful acts; open season.

502.378              Wild turkeys: Tags; fees; miscellaneous requirements.

502.380              Swans: Permits; fees; miscellaneous requirements; prohibited acts.

502.385              Use of tag or permit.

502.390              Validation of tag or permit.

502.400              Attachment of tag or permit to animal.

502.401              Use of tag as transportation permit; requirements.

502.403              Transportation of animal legally harvested to taxidermist: Use of taxidermy record stub as transportation permit; restrictions.

502.405              Questionnaire with big game tag: Submission of information to Department; denial and reinstatement of certain privileges.

502.407              Questionnaire with turkey tag: Submission to Department; ineligibility for tag; reinstatement of certain privileges.

502.411              Computation of time for presentation of animal to representative of Department.

General Procedure for Awarding Tags and Bonus Points

502.417              Applicability.

502.4175            Electronic application for tag, permit or bonus point; alternate list; establishment of seasons and quotas by Commission; valid hunting license required; fees.

502.4177            Submission of application for sole purpose of obtaining bonus point.

502.4179            Restrictions on applications.

502.418              Rejection of application.

502.4183            Withdrawal of application; electronic submission of new application.

502.4185            Applications for certain tags by group of persons.

502.4187            Bonus points: Award and accumulation; effect of refund.

502.4188            Bonus points: Categories of species.

502.4189            Bonus points: Use; transfer; applications by group for certain tags; junior hunts.

502.41895          Bonus points: Electronic submission of application under certain circumstances.

502.419              Third-party errors.

502.4195            Error by Department.

502.4196            Computer contaminant, power outage, interruption of Internet service, malfunctioning of computer application or database of Department’s Internet website or other similar event.

502.4205            Computerized system of drawing; bonus point program.

502.4208            Posting results of computerized drawings.

502.421              Alternate list; procedure to refill quota.

502.4215            Application for tags remaining after issuance of tags by computerized system and alternate list.

502.422              Cancellation of tag issued in error; return of tag; provision of refund.

502.4225            Refund of fee for hunting license.

Special Incentive Elk Tags

502.42253          Definitions.

502.42256          “Actual elk use area” defined.

502.42259          “Landowner applicant” defined.

502.42263          “Special incentive elk tag” defined.

502.42269          Denial of tag under certain circumstances.

502.42273          Persons not eligible for tag.

502.42276          Provisions of agreement between landowner applicant and Director.

502.42279          Award, issuance and use of tags; fees.

502.42283          Arbitration panel; procedure for filing claim.

Restricted Nonresident Deer Tags

502.423              Definitions.

502.42303          “Federal land management agency” defined.

502.42305          “Restricted nonresident deer hunt” defined.

502.42306          “Restricted nonresident deer hunter” defined.

502.42307          “Restricted nonresident deer tag” defined.

502.42309          Applicability.

502.4231            Electronic application for tag; required statements.

502.4233            Master guide: License; special use permit.

502.4235            Rejection or prohibited submission of application for tag.

502.4236            Members of party: Effect of rejection of application of one member.

502.4237            Drawing for tags: Notification; restrictions.

502.4238            Refunds; loss of master guide; award of tags from alternate list; records of Department.

Damage Compensation Tags

502.424              Definitions.

502.4242            “Any holder of a valid Nevada hunting license” interpreted.

502.4244            Ineligible persons.

502.4246            Requirements for eligibility; requests regarding damage to separate locations.

502.4248            Cooperative agreement with Department.

502.4252            Notice of damage; inspection of property; assessment and proof of damage.

502.4258            Formulation and implementation of plan to prevent or mitigate damage.

502.426              Issuance, validity, contents and use of tags; fees; reissuance of application; appeal of denial of application.

502.4266            Request for additional tags: Prerequisites and procedure; effect of approval.

502.4268            Receipt of tags: Effect on eligibility for general hunts; no limitation on number.

Dream Tags

502.4269            “Private entity” defined.

502.42691          Price.

502.42692          Resource enhancement stamps.

502.42693          Procedure if winner of Dream Tag raffle declines Tag or if recipient returns Tag to private entity.

502.42694          Issuance; recipient required to submit questionnaire.

502.42695          Return of tag for same species for which Dream Tag was issued; exception; duties of private entity.

502.42696          Validity.

Partnership in Wildlife Drawing

502.4273            Timing of Partnership in Wildlife Drawing; requirements for participation; fee; ineligibility.

502.4275            Awarding of tags; alternate list; procedure to refill quota.

502.428              Seasons, quotas and other conditions; error by Department.

502.4285            Eligibility for tags.

502.429              Bonus points: No consideration in drawing; reversion to zero for successful applicant; no award to unsuccessful applicant.

Special Assistance Permits

502.42903          Special assistance permit: Eligibility; application; designated licensed assistant.

502.42905          Requirements for holder of special assistance permit and designated licensed assistant while in field.

SILVER STATE TAG DRAWING

502.4291            Electronic application authorized for residents and nonresidents; procedure if applicant is unsuccessful in obtaining tag.

502.4292            Electronic application; nonrefundable fee.

502.4293            Eligibility to apply.

502.4294            Bonus points.

502.4295            Seasons, quotas and other conditions; error by Department.

502.4298            Computerized system of drawing; alternate list; procedure to refill quota.

TAXIDERMISTS

502.430              Definitions.

502.435              Taxidermist license required.

502.440              License: Application; validity; renewal.

502.445              Commercial taxidermist: Authorized acts.

502.450              Noncommercial taxidermist: Authorized acts.

502.455              Taxidermic records; identification tags and punch numbers for taxidermic items.

BODIES OF WATER LETHAL TO WILDLIFE

502.460              “Artificial or artificially created body of water” interpreted.

502.465              “Chemicals or substances” interpreted.

502.470              “Normal use” interpreted.

502.473              Purpose.

502.475              Permits: Form to apply for permit and form to calculate assessment; fee for issuance or renewal of permit.

502.476              Permits: Modification.

502.477              Permits: Renewal; fee.

502.478              Permits: Transfer to new owner or operator.

502.480              Permits: Individual design; compliance with conditions.

502.482              Payment of annual assessment by holder of permit.

502.485              Reports regarding death of wildlife.

502.495              Access by Department to property.

HUNTER SAFETY

502.500              Course in safe handling of firearms; fees.

 

 

GENERAL PROVISIONS

     NAC 502.001  Definitions. (NRS 501.105, 501.181)  As used in this chapter, unless the context otherwise requires, the words and terms defined in NAC 502.0015 to 502.115, inclusive, have the meanings ascribed to them in those sections.

     (Supplied in codification; A by Bd. of Wildlife Comm’rs, 5-9-88; 3-7-91; 11-23-94; R168-99, 1-19-2000; R180-01, 4-3-2002; R109-02, 1-21-2003; R115-09, 1-28-2010; R019-10, 6-30-2010; R140-16, 9-21-2017)

     NAC 502.0015  “Accompanies and directly supervises” defined. (NRS 501.105, 501.181)  “Accompanies and directly supervises” has the meaning ascribed to it in NRS 502.066.

     (Added to NAC by Bd. of Wildlife Comm’rs by R019-10, eff. 6-30-2010)

     NAC 502.002  “Antelope with horns longer than its ears” defined. (NRS 501.105, 501.181)  “Antelope with horns longer than its ears” means any pronghorn antelope having at least one horn that is longer than either ear of the antelope.

     (Added to NAC by Bd. of Wildlife Comm’rs by R115-09, eff. 1-28-2010)

     NAC 502.0025  “Antelope with horns longer than its ears only” defined. (NRS 501.105, 501.181)  “Antelope with horns longer than its ears only” means, in a designation of antelope that may be taken during an open season, only an antelope having at least one horn that is longer than either ear of the antelope.

     (Added to NAC by Bd. of Wildlife Comm’rs by R115-09, eff. 1-28-2010)

     NAC 502.003  “Antelope with horns shorter than its ears” defined. (NRS 501.105, 501.181)  “Antelope with horns shorter than its ears” means any pronghorn antelope without horns or with both horns that are shorter than its ears.

     (Added to NAC by Bd. of Wildlife Comm’rs by R115-09, eff. 1-28-2010)

     NAC 502.0035  “Antelope with horns shorter than its ears only” defined. (NRS 501.105, 501.181)  “Antelope with horns shorter than its ears only” means, in a designation of antelope that may be taken during an open season, only an antelope without horns or with both horns shorter than its ears.

     (Added to NAC by Bd. of Wildlife Comm’rs by R115-09, eff. 1-28-2010)

     NAC 502.005  “Antler” defined. (NRS 501.105, 501.181)  “Antler” means any bony growth originating from the pedicle portion of the skull of a big game mammal that is annually cast and regenerated as part of the annual life cycle of the big game mammal.

     (Added to NAC by Bd. of Wildlife Comm’rs by R115-09, eff. 1-28-2010)

     NAC 502.006  “Antler point” defined. (NRS 501.105, 501.181)  “Antler point” means a projection which is at least 1 inch in length with the length exceeding the width of its base, excluding the first point on the main beam commonly known as the eye guard on mule deer.

     (Added to NAC by Bd. of Wildlife Comm’rs, eff. 5-9-88)

     NAC 502.007  “Antlered deer” defined. (NRS 501.105, 501.181)  “Antlered deer” means any deer having at least one antler that is visible above the hairline of the deer.

     (Added to NAC by Bd. of Wildlife Comm’rs by R115-09, eff. 1-28-2010)

     NAC 502.0072  “Antlered deer only” defined. (NRS 501.105, 501.181)  “Antlered deer only” means, in a designation of deer that may be taken during an open season, only deer having at least one antler.

     (Added to NAC by Bd. of Wildlife Comm’rs by R115-09, eff. 1-28-2010)

     NAC 502.0074  “Antlered elk” defined. (NRS 501.105, 501.181)  “Antlered elk” means any elk having at least one antler that is visible above the hairline of the elk.

     (Added to NAC by Bd. of Wildlife Comm’rs by R115-09, eff. 1-28-2010)

     NAC 502.0076  “Antlered elk only” defined. (NRS 501.105, 501.181)  “Antlered elk only” means, in a designation of elk that may be taken during an open season, only elk having at least one antler.

     (Added to NAC by Bd. of Wildlife Comm’rs by R115-09, eff. 1-28-2010)

     NAC 502.008  “Antlerless deer” defined. (NRS 501.105, 501.181, 503.120)  “Antlerless deer” means any deer without antlers.

     [Bd. of Wildlife Comm’rs, No. 120, § 2, eff. 11-5-81]

     NAC 502.0085  “Antlerless deer only” defined. (NRS 501.105, 501.181, 503.120)  “Antlerless deer only” means, in a designation of deer that may be taken during an open season, only deer without antlers.

     (Added to NAC by Bd. of Wildlife Comm’rs by R180-01, eff. 4-3-2002)

     NAC 502.009  “Antlerless elk” defined. (NRS 501.105, 501.181, 503.120)  “Antlerless elk” means any elk without antlers.

     (Added to NAC by Bd. of Wildlife Comm’rs by R180-01, eff. 4-3-2002)

     NAC 502.0095  “Antlerless elk only” defined. (NRS 501.105, 501.181, 503.120)  “Antlerless elk only” means, in a designation of elk that may be taken during an open season, only elk without antlers.

     (Added to NAC by Bd. of Wildlife Comm’rs by R180-01, eff. 4-3-2002)

     NAC 502.0097  “Apprentice hunter” defined. (NRS 501.105, 501.181)  “Apprentice hunter” has the meaning ascribed to it in NRS 502.066.

     (Added to NAC by Bd. of Wildlife Comm’rs by R019-10, eff. 6-30-2010)

     NAC 502.010  “Armed Forces of the United States” defined. (NRS 501.105, 501.181)  “Armed Forces of the United States” means the Army, Navy, Air Force, Marine Corps and Coast Guard.

     [Bd. of Fish & Game Comm’rs, No. 19 part § 1, eff. 3-10-80]

     NAC 502.012  “Automated license agent” defined. (NRS 501.105, 501.181)  “Automated license agent” means a license agent who is participating in the automated licensing system administered by the Department.

     (Added to NAC by Bd. of Wildlife Comm’rs by R109-02, eff. 1-21-2003)

     NAC 502.015  “Batch report” defined. (NRS 501.105, 501.181)  “Batch report” means a report of the documents issued by a license agent and submitted to the license office.

     [Bd. of Fish & Game Comm’rs, No. 19 part § 1, eff. 3-10-80]

     NAC 502.020  “Big game mammal” defined. (NRS 501.105, 501.181)  “Big game mammal” means any:

     1.  Pronghorn antelope, black bear, mule deer, mountain goat, mountain lion, moose, Rocky Mountain elk; or

     2.  Of the following subspecies of bighorn sheep:

     (a) Nelson bighorn sheep;

     (b) California bighorn sheep; or

     (c) Rocky Mountain bighorn sheep.

     [Bd. of Fish & Game Comm’rs, No. 26 part § 5, eff. 12-4-79] — (NAC A by Bd. of Wildlife Comm’rs by R168-99, 1-19-2000; R029-17, 12-19-2017)

     NAC 502.027  “Bonus point program” defined. (NRS 501.105, 501.181)  “Bonus point program” means a method of awarding tags whereby:

     1.  An unsuccessful applicant for a tag in one or more seasons; or

     2.  An applicant for a bonus point who does not wish to obtain a tag and is applying for the sole purpose of obtaining a bonus point for a tag other than a restricted nonresident deer tag,

Ê is accorded an increased opportunity for a tag in a subsequent drawing.

     [Bd. of Fish & Game Comm’rs, No. 26 part § 5, eff. 12-4-79] — (A Bd. of Wildlife Comm’rs, 10-26-93; R137-03, 1-20-2004; R229-03, 3-23-2004)

     NAC 502.029  “Client number” defined. (NRS 501.105, 501.181, 502.280)  “Client number” means a unique number assigned by the Department which identifies an applicant for a license, tag, permit or other document.

     (Added to NAC by Bd. of Wildlife Comm’rs by R029-17, eff. 12-19-2017)

     NAC 502.033  “Commission” defined. (NRS 501.105, 501.181)  “Commission” means the Board of Wildlife Commissioners.

     (Added to NAC by Bd. of Wildlife Comm’rs, eff. 3-7-91)

     NAC 502.040  “Department” defined. (NRS 501.105, 501.181)  “Department” means the Department of Wildlife. The term includes any independent contractor of the Department acting on behalf of and under the direction of the Department and any agents or employees of the independent contractor.

     (Added to NAC by Bd. of Wildlife Comm’rs, eff. 3-7-91; A by R029-17, 12-19-2017)

     NAC 502.043  “Designated licensed assistant” defined. (NRS 501.105, 501.181)  “Designated licensed assistant” means a person designated on a special assistance permit to assist the holder of the permit in accordance with NAC 502.42903 and 502.42905.

     (Added to NAC by Bd. of Wildlife Comm’rs by R105-16, eff. 6-21-2017)

     NAC 502.050  “General hunt” defined. (NRS 501.105, 501.181)  “General hunt” means any period within a season designated by the Commission for the taking of a game species with any weapon declared legal.

     [Bd. of Fish & Game Comm’rs, No. 26 part § 5, eff. 12-4-79] — (NAC A by Bd. of Wildlife Comm’rs by R168-99, 1-19-2000; R137-03, 1-20-2004)

     NAC 502.054  “Hunt number” defined. (NRS 501.105, 501.181)  “Hunt number” means the number designated by the Commission for a particular hunt pursuant to a regulation of the Commission.

     (Added to NAC by Bd. of Wildlife Comm’rs by R168-99, eff. 1-19-2000)

     NAC 502.057  “Hunter choice number” defined. (NRS 501.105, 501.181)  “Hunter choice number” means a number established by the Department that designates a choice of hunting area and season for which a quota of tags remains to be issued.

     (Added to NAC by Bd. of Wildlife Comm’rs by R168-99, eff. 1-19-2000)

     NAC 502.060  “Hunting” defined. (NRS 501.105, 501.181)  “Hunting” has the meaning prescribed in NRS 501.050.

     [Bd. of Fish & Game Comm’rs, No. 26 part § 5, eff. 12-4-79]

     NAC 502.063  “Junior hunt” defined. (NRS 501.105, 501.181)  “Junior hunt” means a hunt authorized by a regulation of the Commission which is limited to an applicant who:

     1.  Possesses a hunting license or a combined hunting and fishing license;

     2.  Will attain his or her 12th birthday before the first day of each hunting season to which his or her application relates; and

     3.  Will not attain his or her 18th birthday until after the last day of each hunting season to which his or her application relates.

     (Added to NAC by Bd. of Wildlife Comm’rs by R168-99, eff. 1-19-2000; A by R106-02, 1-21-2003; R150-09, 6-30-2010)

     NAC 502.065  “License agent” defined. (NRS 501.105, 501.181)  “License agent” means a person who is authorized by the Department to issue licenses, tags, permits and other documents authorized by the Department.

     [Bd. of Fish & Game Comm’rs, No. 19 part § 1, eff. 3-10-80] — (NAC A by Bd. of Wildlife Comm’rs, 11-23-94; R029-17, 12-19-2017)

     NAC 502.080  “License office” defined. (NRS 501.105, 501.181)  “License office” means the office which has been created within the Department to administer any programs of the Department relating to the issuance or renewal of licenses, tags or permits to hunt or fish in this State or for the operation of vessels in this State.

     [Bd. of Fish & Game Comm’rs, No. 19 part § 1, eff. 3-10-80] — (NAC A by Bd. of Wildlife Comm’rs by R029-17, 12-19-2017)

     NAC 502.081  “Licensing document” defined. (NRS 501.105, 501.181)  “Licensing document” means a license, tag, permit or other licensing document authorized by the Department.

     (Added to NAC by Bd. of Wildlife Comm’rs by R029-17, eff. 12-19-2017)

     NAC 502.0815  “Main drawing” defined. (NRS 501.105, 501.181, 502.160, 502.250)  “Main drawing” means the drawing pursuant to which the greatest number of big game tags is issued to residents and nonresidents.

     (Added to NAC by Bd. of Wildlife Comm’rs by R140-16, eff. 9-21-2017)

     NAC 502.082  “Manual license agent” defined. (NRS 501.105, 501.181)  “Manual license agent” means a license agent who is not participating in the automated licensing system administered by the Department.

     (Added to NAC by Bd. of Wildlife Comm’rs by R109-02, eff. 1-21-2003)

     NAC 502.083  “Mentor hunter” defined. (NRS 501.105, 501.181)  “Mentor hunter” has the meaning ascribed to it in NRS 502.066.

     (Added to NAC by Bd. of Wildlife Comm’rs by R019-10, eff. 6-30-2010)

     NAC 502.084  “Nevada Interstate Boundary Waters License” defined. (NRS 501.105, 501.181, 502.240)  “Nevada Interstate Boundary Waters License” means an annual license to fish solely in the reciprocal waters of the Colorado River, Lake Mead, Lake Mohave, Lake Tahoe and Topaz Lake.

     (Added to NAC by Bd. of Wildlife Comm’rs by R025-11, 12-30-2011, eff. 3-1-2012)

     NAC 502.085  “Nonresident” defined. (NRS 501.105, 501.181)  “Nonresident” means a person who is not a resident of Nevada.

     [Bd. of Fish & Game Comm’rs, No. 19 part § 1, eff. 3-10-80]

     NAC 502.090  “Person who is blind” defined. (NRS 501.105, 501.181)  “Person who is blind” means a person whose visual acuity with correcting lenses does not exceed 20/200 in the better eye, or whose vision in the better eye is restricted to a field which subtends an angle of not greater than 20 degrees. A certificate issued by a licensed physician is proof that a person is blind.

     [Bd. of Fish & Game Comm’rs, No. 19 part § 1, eff. 3-10-80] — (Substituted in revision for NAC 502.025)

     NAC 502.101  “Short-term permit” defined. (NRS 501.105, 501.181)  “Short-term permit” means a permit to fish or hunt upland game and waterfowl for 1 calendar day and any number of additional consecutive calendar days if the additional days are purchased at the same time the permit is issued.

     (Added to NAC by Bd. of Wildlife Comm’rs, eff. 11-23-94; A 11-29-95, eff. 3-1-96; R095-00, 10-24-2000)

     NAC 502.1035  “Special assistance permit” defined. (NRS 501.105, 501.181)  “Special assistance permit” means a permit issued by the Department to a person who meets the requirements of NAC 502.42903.

     (Added to NAC by Bd. of Wildlife Comm’rs by R105-16, eff. 6-21-2017)

     NAC 502.104  “Spike elk” defined. (NRS 501.105, 501.181)  “Spike elk” means any antlered elk having not more than two points above the top of the ear on either antler.

     (Added to NAC by Bd. of Wildlife Comm’rs by R180-01, eff. 4-3-2002; A by R013-16, 9-9-2016)

     NAC 502.1045  “Spike elk only” defined. (NRS 501.105, 501.181)  “Spike elk only” means, in a designation of elk that may be taken during an open season, only antlered elk having not more than two points above the top of the ear on either antler.

     (Added to NAC by Bd. of Wildlife Comm’rs by R180-01, eff. 4-3-2002; A by R013-16, 9-9-2016)

     NAC 502.105  “Type of hunt” defined. (NRS 501.105, 501.181)  “Type of hunt” means a hunt authorized by a regulation of the Commission, for which tags are awarded pursuant to application, that differs from another hunt in one or more of the following ways:

     1.  The species to be hunted for any species other than a species that is included in a category of a species pursuant to subsection 2;

     2.  The category of the species, subspecies and gender to be hunted as described in subsection 1 of NAC 502.4188;

     3.  The weapons to be used;

     4.  The residency of applicants; and

     5.  The method of drawing applications for the award of tags.

     (Added to NAC by Bd. of Wildlife Comm’rs, eff. 3-7-91; A by R168-99, 1-19-2000; R091-13, 12-23-2013)

     NAC 502.115  “Validate” defined. (NRS 501.105, 501.181)  “Validate” means to execute a license or other document as prescribed by this chapter or chapters 501 to 505, inclusive, of NRS.

     [Bd. of Fish & Game Comm’rs, No. 19 part § 1, eff. 3-10-80]

     NAC 502.117  “Resident Native American” interpreted. (NRS 501.105, 501.181, 502.280)  As used in NRS 502.280, the Commission will interpret “resident Native American” to mean a Native American who is an enrolled member or eligible to become an enrolled member of a Nevada Native American reservation or colony and who has been physically present in this State, with the intention of making this State his or her permanent home, for at least 6 months immediately preceding his or her application for a specialty combination hunting and fishing license.

     (Added to NAC by Bd. of Wildlife Comm’rs by R168-99, eff. 1-19-2000; A by R137-03, 1-20-2004, eff. 3-1-2004; R029-17, 12-19-2017)

PAYMENT OF FEES GENERALLY

     NAC 502.118  Method of payment; fee for application submitted electronically. (NRS 501.105, 501.181)

     1.  A payment for any license, permit, tag, certificate of ownership, certificate of number or any other service provided by the Department must be:

     (a) Made payable to the Department;

     (b) In the form of:

          (1) Cash;

          (2) A personal check that is drawn by a drawer who is a resident of this State and that includes on the face of the check the address of the drawer in this State;

          (3) If required by the Department, a cashier’s check, certified check or money order; or

          (4) If an application for the service is submitted electronically, an electronic method of payment that is specified by the Department; and

     (c) Paid in United States currency.

     2.  The Department shall not accept the following forms of payment:

     (a) A check or draft that does not comply with subparagraph (2) of paragraph (b) of subsection 1; or

     (b) A check or draft that is endorsed to a third party.

     3.  The Department may, in accordance with NRS 353.1465, charge and collect a fee:

     (a) Of $2 for an application for a resident tag or bonus point;

     (b) Of $3.50 for an application for a nonresident tag or bonus point; and

     (c) Of $2 for any other application,

Ê that is submitted to the Department electronically.

     (Added to NAC by Bd. of Wildlife Comm’rs by R133-01, 12-17-2001, eff. 1-1-2002; A by R137-03, 1-20-2004; R156-05, 2-23-2006; R029-17, 12-19-2017)

     NAC 502.119  Dishonored checks or drafts; effect of dishonored payment or nonpayment. (NRS 501.105, 501.181)

     1.  If a person submits a check or draft to the Department and the check or draft is dishonored by the bank upon which the check or draft is drawn, the Department shall charge and collect a fee of $25 from the person.

     2.  An application for a license, permit, tag, certificate of ownership, certificate of number or any other service provided by the Department shall be deemed invalid if any payment that is required to be included with the application is not received by the Department or if a check or draft for that payment is dishonored by the bank upon which the check or draft is drawn.

     3.  Any person who submits an application that is deemed invalid pursuant to subsection 2 is ineligible to receive or exercise any privilege conferred upon the person pursuant to title 45 of NRS until:

     (a) The Department receives the payment specified in subsection 2; and

     (b) The person pays any costs incurred by the Department in collecting the payment.

     4.  The Department may require a person specified in subsection 3 to submit a payment in the form of a cashier’s check, certified check or money order for:

     (a) Any license, permit, tag, certificate of ownership, certificate of number or any other service provided by the Department; and

     (b) Any delinquent fees associated with the original transaction for the license, permit, tag, certificate of ownership, certificate of number or service.

     (Added to NAC by Bd. of Wildlife Comm’rs by R133-01, 12-17-2001, eff. 1-1-2002)

LICENSE AGENTS

     NAC 502.120  Authorization of license agent to issue licenses, tags, permits and other licensing documents. (NRS 501.105, 501.181, 502.030, 502.040)  The license office may authorize a license agent to issue:

     1.  Licenses, tags, permits and other licensing documents on the basis of requests, public demand and past sales.

     2.  Duplicates of original licenses.

     [Bd. of Wildlife Comm’rs, No. 19 § 2, eff. 3-10-80; A 5-12-80] — (NAC A 12-30-80, eff. 1-1-81; 4-1-82; 9-20-83; 3-5-86; 2-18-88, eff. 3-1-88; 12-29-97; R029-17, 12-19-2017)

     NAC 502.125  Unlawful issuance of licenses, tags, permits or other authorized documents. (NRS 501.105, 501.181, 502.030)  It is unlawful for any person to issue a license, tag, permit or other document authorized by the Department unless the person:

     1.  Is a license agent, an employee of a license agent or an employee of the Department;

     2.  Is authorized by the Department to issue the document; and

     3.  Issues the document in accordance with all applicable laws and regulations.

     (Added to NAC by Bd. of Wildlife Comm’rs, eff. 12-29-97; A by R029-17, 12-19-2017)

     NAC 502.140  Appointment of license agents; required participation in automated licensing system. (NRS 501.105, 501.181, 502.030, 502.040)

     1.  The Department will appoint such license agents as are necessary to provide readily available service to the public.

     2.  A license agent appointed pursuant to subsection 1 must participate in the automated licensing system administered by the Department and:

     (a) Complete such training as the Department determines to be necessary for that participation; and

     (b) Obtain and maintain at his or her own expense such a communication line as the Department determines to be necessary for that participation.

     3.  The Department shall, at its own expense and on behalf of a license agent who pursuant to this section participates in the automated licensing system administered by the Department, install and set up any other equipment required for that participation.

     [Bd. of Wildlife Comm’rs, No. 19 § 5, eff. 3-10-80] — (NAC A 11-23-94; R109-02, 1-21-2003; R029-17, 12-19-2017)

     NAC 502.145  Application; fee; financial information; permanent building; investigation by Department; contract. (NRS 501.105, 501.181, 502.040)

     1.  Any person may apply for appointment as a license agent by submitting a:

     (a) Completed application on forms provided by the Department; and

     (b) Fee of $100 for processing the application.

     2.  The Department may require an applicant to provide:

     (a) Evidence of the financial ability of the applicant to perform the duties of a license agent;

     (b) An original copy of the current credit rating of the applicant as issued by a credit rating agency recognized by the Department; and

     (c) Any banking information and evidence of binding authority necessary for the electronic transfer of any money the applicant may receive from the sale of any licenses, permits, tags, stamps and other documents authorized by the Department to a bank account designated by the Department.

     3.  The applicant must show that the major portion of his or her business will be conducted in a permanent building. The building must have within it a secure place for keeping the Department’s equipment, licensing documents and sales records. Documents authorized by the Department may only be issued from this permanent building unless prior approval is given by the Department for the issuance of such documents at another location.

     4.  The Department will conduct an investigation of each applicant’s qualifications and suitability to serve the public as a license agent. If the Department finds that any of the information on the application is false or misleading, the application will be denied.

     5.  The Department will require an approved applicant to enter into a contract with the Department. A person may not become a license agent until the contract is signed by both him or her and the Department.

     [Bd. of Wildlife Comm’rs, No. 19 § 6, eff. 3-10-80] — (NAC A 9-20-83; 2-18-88, eff. 3-1-88; 11-23-94; R095-00, 10-24-2000; R109-02, 1-21-2003; R137-03, 1-20-2004, eff. 3-1-2004; R029-17, 12-19-2017)

     NAC 502.147  Criteria considered for approval of application. (NRS 501.105, 501.181, 502.040)  To determine whether to approve or deny an application for appointment as a license agent, the Department may consider, without limitation, the following criteria:

     1.  Whether the applicant has met the bonding requirements of NAC 502.150.

     2.  Whether the applicant is financially responsible.

     3.  Whether the applicant has provided the banking information and binding authority necessary for the electronic transfer of any money the applicant may receive from the sale of any licenses, permits, tags, stamps and other documents authorized by the Department to a bank account designated by the Department.

     4.  Whether the applicant has been convicted of a violation of a law or regulation relating to wildlife within the 5 years immediately preceding the date on which the applicant submits the application.

     5.  Whether the applicant is under investigation for a violation of a law or regulation relating to wildlife at the time he or she submits the application.

     6.  Whether the applicant has been convicted of a felony or gross misdemeanor.

     7.  Whether the applicant is the subject of felony criminal proceedings at the time he or she submits the application.

     8.  Whether the applicant has been convicted of a crime involving moral turpitude.

     9.  The cooperation of the applicant and his or her employees.

     10.  Characteristics of the business where the applicant desires to issue licenses, including, without limitation:

     (a) Accessibility of the business to all segments of the public;

     (b) The number of license agents in the geographical area and their proximity to the business;

     (c) The remoteness of the area in which the business is located;

     (d) The hours the business will be open to the public;

     (e) The number of times the ownership of the business has been transferred; and

     (f) The need for a license agent, as determined by the Department, in the general area of the business.

     11.  If the applicant previously was a license agent:

     (a) The total number of licenses sold by the applicant while he or she was a license agent;

     (b) Whether the applicant complied with all laws and regulations relating to a license agent; and

     (c) Whether the applicant was placed on probation or had his or her authority as a license agent cancelled pursuant to NAC 502.195.

     12.  If the applicant will replace an agent at the business where the applicant desires to issue licenses:

     (a) The total number of licenses sold by the license agent who will be replaced;

     (b) Whether the license agent who will be replaced complied with all laws and regulations relating to a license agent; and

     (c) Whether the license agent who will be replaced was placed on probation or had his or her authority as a license agent cancelled pursuant to NAC 502.195.

     (Added to NAC by Bd. of Wildlife Comm’rs, 2-18-88, eff. 3-1-88; A 3-7-90; 11-23-94; R095-00, 10-24-2000; R109-02, eff. 1-21-2003; R029-17, 12-19-2017)

     NAC 502.150  Bond required; payment of premium for bond; transfer or sale of business. (NRS 501.105, 501.181, 502.040)

     1.  An applicant for appointment as a license agent must furnish a continuous bond of not less than $7,000 to indemnify the Department against any loss occasioned by the improper performance of his or her duties.

     2.  Except as otherwise provided in this subsection, the license agent shall pay the premium for the bond required by subsection 1. The Department will pay the premium for the bond required by subsection 1 if the license agency is located in a remote area and the license agency is or has been established for the convenience of the Department.

     3.  The contract of a license agent may not be transferred. If a license agent transfers or sells his or her business, the license agent must notify the Department at least 30 days before the transfer or sale. All inventory and money due must be submitted to the Department before the ownership is transferred.

     [Bd. of Wildlife Comm’rs, No. 19 § 7, eff. 3-10-80] — (NAC A 9-20-83; 2-18-88, eff. 3-1-88; 12-13-91; 11-23-94; 12-29-97)

     NAC 502.152  Responsibilities of agent; prohibited acts. (NRS 501.105, 501.181, 502.040)

     1.  The license agent is responsible for the correct issuance of all documents and shall comply with all procedures established by the Department and all provisions of the contract.

     2.  A license agent or an employee of a license agent shall not:

     (a) Back-date, back-time or otherwise falsify any information on a document;

     (b) Aid in or attempt such acts; or

     (c) Cause such acts to be done.

     (Added to NAC by Bd. of Wildlife Comm’rs, 2-18-88, eff. 3-1-88; A 12-29-97)

     NAC 502.160  Disposition of money collected; failure to comply; availability of documents for inspection and audit. (NRS 501.105, 501.181, 502.040)

     1.  A license agent shall, as specified by the Department, forward to the license office for electronic transfer to a bank account designated by the Department any money collected by the license agent, excluding any service fees to which the license agent is entitled, for the sale and issuance of any licenses, permits, tags and other documents authorized by the Department.

     2.  If a license agent fails to comply with the provisions of subsection 1 regarding all the money due, the Department:

     (a) Shall send a notice of delinquency to the license agent; and

     (b) May terminate the ability of the license agent to issue licenses, permits, tags or other documents until all the money due has been received by the Department.

     3.  If the license agent’s account reflects a credit owing to the agent, the Department may deduct the credit from the amount owed for the next reporting period.

     4.  All money collected by a license agent from the sale and issuance of any licenses, permits, tags and other documents authorized by the Department, except the agent’s service fees, is the property of the State of Nevada and must be kept readily available for forwarding or electronic transfer to the Department. All equipment and documents provided to a license agent by the Department and any records regarding the sale or issuance of any licenses, permits, tags and other documents authorized by the Department are the property of the State of Nevada and must be made available for inspection and audit upon request by the Department.

     [Bd. of Wildlife Comm’rs, No. 19 § 9, eff. 3-10-80] — (NAC A 9-20-83; 11-23-94; R109-02, 1-21-2003; R029-17, 12-19-2017)

     NAC 502.165  Department to establish procedures regarding documents. (NRS 501.105, 501.181, 502.040)  The Department will establish procedures for ordering documents, verifying receipts and charging documents to the license agents.

     [Bd. of Wildlife Comm’rs, No. 19 § 10, eff. 3-10-80] — (NAC A 1-2-86; 11-23-94)

     NAC 502.180  Voided documents: Credit to license agent. (NRS 501.105, 501.181, 502.040)  Credit may be given to a license agent for licensing documents that have been printed and voided within 24 hours after the sale of the licensing document.

     [Bd. of Fish & Game Comm’rs, No. 19 § 19 subsec. 1, eff. 3-10-80] — (NAC A by Bd. of Wildlife Comm’rs, 11-23-94; 12-29-97; R109-02, 1-21-2003; R029-17, 12-19-2017)

     NAC 502.192  Relinquishment or cancellation of authority: Recall of licensing documents and equipment. (NRS 501.105, 501.181, 502.040)  A license agent may voluntarily relinquish his or her authority or the Department may cancel his or her authority pursuant to NAC 502.195. All licensing documents and any equipment provided by the Department are subject to immediate recall upon the license agent’s notification to the Department that the license agent has voluntarily relinquished his or her authority or upon the Department’s notification to the agent of its cancellation of his or her authority.

     [Bd. of Fish & Game Comm’rs, No. 19 § 24, eff. 3-10-80] — (NAC A by Bd. of Wildlife Comm’rs, 2-18-88, eff. 3-1-88; 1-24-92; 11-23-94; R029-17, 12-19-2017)

     NAC 502.195  Grounds for probation of license agent or cancellation of authority. (NRS 501.105, 501.181, 502.040)  The Department may:

     1.  Place a license agent on probation for not more than 6 months or cancel a license agent’s authority if the Department determines that the agent has violated any of the provisions of the agent’s contract or has failed to comply with any regulation of the Commission relating to license agents.

     2.  Cancel a license agent’s authority at the end of a calendar year if the license agent fails to sell at least 100 licensing documents per calendar year.

     [Bd. of Fish & Game Comm’rs, No. 19 § 25, eff. 3-10-80] — (NAC A by Bd. of Wildlife Comm’rs, 2-18-88, eff. 3-1-88; 11-23-94; R109-02, 1-21-2003; R029-17, 12-19-2017)

     NAC 502.197  Cancellation of authority: Appeal to Commission; limitations on reapplication. (NRS 501.105, 501.181, 502.040)

     1.  Any person whose authority as a license agent is cancelled by the Department may appeal from that decision to the Commission. The appeal must be filed in writing with the Department within 30 days after the agent is notified of the Department’s decision.

     2.  The Commission may affirm or set aside the Department’s decision or place the agent on probation.

     3.  If a person’s authority as a license agent is cancelled by the Department and the decision of the Department is not appealed to the Commission or, if appealed, is affirmed by the Commission, the person:

     (a) May not reapply for appointment as a license agent for a period of 1 year after the date of the cancellation by the Department; and

     (b) If the person reapplies after that period, must substantiate that measures have been taken to rectify the problems that caused the cancellation by the Department.

     [Bd. of Fish & Game Comm’rs, No. 19 § 26, eff. 3-10-80] — (NAC A by Bd. of Wildlife Comm’rs, 12-29-97; R109-02, 1-21-2003)

LICENSES, TAGS AND PERMITS GENERALLY

     NAC 502.199  Application for initial issuance of licensing document; required information and statement. (NRS 501.105, 501.181)

     1.  For each application for the initial issuance of a license, tag, permit or other licensing document, the applicant or license agent shall correctly enter the information required on the application for the license, tag, permit or other licensing document.

     2.  The information required pursuant to subsection 1 must include:

     (a) The applicant’s:

          (1) Legal name;

          (2) Physical and mailing address;

          (3) City, county and state of residence; and

          (4) Zip code.

     (b) The applicant’s social security number or, if the applicant is a citizen of a country other than the United States, the passport number issued to the applicant by that country. If the applicant has not been issued a social security number, the application must include a notarized affidavit on a form provided by the Department indicating that the applicant has not been issued a social security number.

     (c) If the applicant was born after January 1, 1960, and is applying for a hunting license or permit or combination hunting and fishing license, a statement indicating that the applicant has presented proof of successful completion of a course in the responsibilities of hunters pursuant to NRS 502.330.

     (d) If the applicant is a resident of this State, an attestation by the applicant indicating that he or she is eligible for a resident license, tag or permit pursuant to NRS 502.015.

     (e) A description of the applicant, including his or her height, weight, gender, hair color, eye color and date of birth.

     (f) The applicant’s electronic mail address, if any.

     3.  In addition to the information required pursuant to subsection 2, the applicant must include in his or her application the statement required pursuant to NRS 502.060 indicating whether the applicant is entitled to the license, tag, permit or other licensing document. If the applicant is at least 12 years of age but less than 18 years of age, the parent or legal guardian of the applicant must, pursuant to NRS 502.060, acknowledge an attached statement indicating that the parent or legal guardian has been advised of the provisions of NRS 41.472.

     (Added to NAC by Bd. of Wildlife Comm’rs by R029-17, eff. 12-19-2017)

     NAC 502.203  Trapping license: Date of expiration. (NRS 501.105, 501.181)  Except as otherwise provided in regulations adopted by the Commission, and unless suspended or revoked, each trapping license is valid:

     1.  From the date the license is issued through the following June 30; or

     2.  From July 1 immediately following the date the license is issued through the following June 30,

Ê as specified on the license.

     (Added to NAC by Bd. of Wildlife Comm’rs by R008-15, eff. 10-27-2015)

     NAC 502.211  Removal of personal information from lists sold by Department. (NRS 501.181)  Upon the written request of a person who has obtained a license, permit, tag or other licensing document from the Department pursuant to title 45 of NRS, or any regulations adopted pursuant thereto, the Department shall remove the name and other personal information of the person from any list sold by the Department.

     (Added to NAC by Bd. of Wildlife Comm’rs by R137-03, eff. 1-20-2004; A by R029-17, 12-19-2017)

     NAC 502.220  Issuance of specialty combination hunting and fishing license to members of Armed Forces who are residents of Nevada. (NRS 501.105, 501.181, 502.240, 502.290)  A specialty combination hunting and fishing license must be issued, pursuant to NRS 502.290, to members of the Armed Forces of the United States who are bona fide residents of Nevada, but not stationed in this State. An applicant must pay a fee in the amount of $15 pursuant to NRS 502.240 and exhibit evidence of his or her duty assignment or show leave papers to the license agent before a license is issued to the applicant.

     [Bd. of Fish & Game Comm’rs, No. 19 § 13, eff. 3-10-80] — (NAC A by Bd. of Wildlife Comm’rs by R029-17, 12-19-2017)

     NAC 502.240  Issuance of hunting licenses to persons who are blind: Certificate. (NRS 501.105, 501.181, 502.075)  For the purpose of issuing a hunting license to a person who is blind pursuant to NRS 502.075, a certificate issued by a licensed physician is proof that the person is blind. The license agent shall attach a copy of the certificate to the Department’s copy of the license.

     [Bd. of Fish & Game Comm’rs, No. 19 § 14, eff. 3-10-80] — (NAC A by Bd. of Wildlife Comm’rs, 11-29-95, eff. 3-1-96)

     NAC 502.245  Application for specialty combination hunting and fishing license for person with severe physical disability. (NRS 501.105, 501.181, 502.030, 502.075, 502.245)  An application for a specialty combination hunting and fishing license for a person with a severe physical disability must be submitted to the Department. The application must be made on a form provided by the Department and must contain such information as is necessary to enable the Department to determine the applicant’s eligibility. The application must be accompanied by a certificate signed by a physician acknowledging that the applicant qualifies for the specialty combination hunting and fishing license pursuant to NRS 502.240.

     [Bd. of Wildlife Comm’rs, No. 120 § 5, eff. 11-5-81] — (NAC A 9-20-83; 3-5-86; 11-23-94; R029-17, 12-19-2017)

     NAC 502.250  Application and fee for duplicate license. (NRS 501.105, 501.181, 502.110)

     1.  A person may apply for a duplicate license if an unexpired license previously issued has been lost, stolen or destroyed.

     2.  An application for a duplicate license must:

     (a) Be submitted to the Department or a license agent on a form provided by the Department; and

     (b) Include an affidavit stating that the information contained in the application and any accompanying material is complete and true.

     3.  The fee for a duplicate license is $10.

     (Added to NAC by Bd. of Wildlife Comm’rs by R137-03, 1-20-2004, eff. 3-1-2004)

     NAC 502.264  Mentor hunter: Contents of affidavit; separate affidavit required for each apprentice hunter. (NRS 501.105, 501.181, 502.030, 502.066)

     1.  A mentor hunter shall correctly enter the required information on the original and all copies of the form for a mentor hunter affidavit provided to a resident or nonresident. The information must include:

     (a) The mentor hunter’s legal name, mailing address, street address, city, county, state and zip code;

     (b) The month, day, year and time the affidavit is completed by the mentor hunter;

     (c) A description of the mentor hunter, including the mentor hunter’s height, weight, sex and date of birth;

     (d) The class and number of the hunting license issued to the mentor hunter in this State; and

     (e) The name of the apprentice hunter the mentor hunter accompanies and directly supervises pursuant to NRS 502.066.

     2.  The affidavit must contain a statement, signed by the mentor hunter, acknowledging the mentor hunter’s eligibility and responsibilities as a mentor hunter pursuant to NRS 502.066.

     3.  The mentor hunter shall complete separate affidavits for each apprentice hunter the mentor hunter accompanies and directly supervises.

     (Added to NAC by Bd. of Wildlife Comm’rs by R019-10, eff. 6-30-2010)

     NAC 502.265  Mentor hunter: Period of validity of affidavit. (NRS 501.105, 501.181, 502.030, 502.066)  A mentor hunter affidavit is valid for 1 year beginning on the date which it is completed.

     (Added to NAC by Bd. of Wildlife Comm’rs by R019-10, eff. 6-30-2010; A by R029-17, 12-19-2017)

     NAC 502.266  Mentor hunter: Possession of affidavit; requirements for accompaniment and direct supervision of apprentice hunter. (NRS 501.105, 501.181, 502.030, 502.066)

     1.  A mentor hunter may possess affidavits for more than one apprentice hunter. However, the mentor hunter may only accompany and directly supervise one apprentice hunter at a time in the field pursuant to NRS 502.066.

     2.  While a mentor hunter accompanies and directly supervises an apprentice hunter in the field, the mentor hunter must carry on his or her person the affidavit identifying the apprentice hunter the mentor hunter is accompanying.

     3.  An apprentice hunter must be accompanied and directly supervised by at least one mentor hunter in the field pursuant to NRS 502.066.

     (Added to NAC by Bd. of Wildlife Comm’rs by R019-10, eff. 6-30-2010)

     NAC 502.282  Permits for season or special use: Computerized system of drawing; application; fee. (NRS 501.105, 501.181, 502.130, 502.175)

     1.  The Department may award a permit for a season or special use through a random order of selection conducted pursuant to a computerized system of drawing. The selection must begin with a number established by the hours, minutes, seconds and hundredths of a second set forth on the clock of the computer immediately before commencing the drawing.

     2.  An application for a permit to hunt must be:

     (a) Completed in accordance with the regulations of the Commission and the instructions on the application.

     (b) Made for one applicant only. If two or more persons apply on one application, the application must be rejected.

     3.  A nonrefundable fee in the amount of $10 may be charged for acting upon each application for a permit pursuant to this section.

     (Added to NAC by Bd. of Wildlife Comm’rs by R137-03, eff. 1-20-2004; A by R029-17, 12-19-2017)

     NAC 502.283  Short-term permits; authorization number in lieu of document. (NRS 501.105, 501.181, 502.130)

     1.  Except as otherwise provided in this section, a short-term permit issued as provided in chapter 502 of NRS and this chapter authorizes the person to whom it is issued to fish or hunt only on the starting date specified on the permit and each consecutive day thereafter, if any, until the expiration of the term of the permit. No short-term permit is valid unless it is issued for a term of at least 1 day.

     2.  If no starting date is specified on the permit, then the date of issuance of the permit will be deemed the starting date.

     3.  The Department may issue a short-term permit in the form of an authorization number in lieu of a document. Such a permit may be used only:

     (a) By the person for whom it is issued; and

     (b) On the date of issuance and each consecutive day thereafter, if any, until the expiration of the term for which the permit is issued.

Ê A person using such a permit must, upon the request of a law enforcement officer, specify the authorization number and present proof of his or her identity.

     (Added to NAC by Bd. of Wildlife Comm’rs, eff. 11-23-94; A 11-29-95, eff. 3-1-96; R109-02, 1-21-2003)

FISHING

     NAC 502.285  Fishing in reciprocal waters of Colorado River, Lake Mead and Lake Mohave. (NRS 501.105, 501.181, 502.030, 502.045, 502.240)

     1.  When fishing in the reciprocal waters of the Colorado River, Lake Mead and Lake Mohave which form the mutual boundary between Arizona and Nevada, each person who is 12 years of age or over must possess:

     (a) An Arizona fishing license;

     (b) A Nevada fishing license or permit; or

     (c) A Nevada Interstate Boundary Waters license.

     2.  A person who is under 12 years of age may fish in the reciprocal waters of the Colorado River, Lake Mead and Lake Mohave which form the mutual boundary between Arizona and Nevada without obtaining a license or permit to fish.

     (Added to NAC by Bd. of Wildlife Comm’rs, 12-3-80, eff. 1-1-81; A 6-21-84, eff. 6-25-84; 12-11-87; 11-29-95, eff. 3-1-96; R137-03, 1-20-2004, eff. 3-1-2004; R025-11, 12-30-2011, eff. 3-1-2012; R089-13, 12-23-2013; R029-17, 12-19-2017)

     NAC 502.286  Fishing in Lake Tahoe and Topaz Lake. (NRS 501.105, 501.181, 502.030, 502.045, 502.240)

     1.  To fish in Lake Tahoe and Topaz Lake, any person who is 16 years of age or over must possess:

     (a) A license from California to fish for sport with the appropriate stamps;

     (b) A Nevada fishing license or permit; or

     (c) A Nevada Interstate Boundary Waters license.

     2.  A person who is under 16 years of age is not required to obtain any license or permit to fish in Lake Tahoe and Topaz Lake.

     (Added to NAC by Bd. of Wildlife Comm’rs, 12-3-80, eff. 1-1-81; A 3-5-86; 11-29-95, eff. 3-1-96; R025-11, 12-30-2011, eff. 3-1-2012; R029-17, 12-19-2017)

     NAC 502.295  Special fishing permits: Period of validity. (NRS 501.105, 501.181, 502.077)  Special fishing permits are valid for 1 year beginning on the date the permit is issued as specified on the permit.

     [Bd. of Wildlife Comm’rs, No. 32 §§ 2 & 3, eff. 6-16-80] — (NAC A 12-11-87; 12-13-91; R109-02, 1-21-2003; R137-03, 1-20-2004, eff. 3-1-2004; R029-17, 12-19-2017)

     NAC 502.297  Use of second combination of hook, line and rod. (NRS 501.105, 501.181, 503.290)

     1.  A person may fish with a second combination of hook, line and rod if the person is the holder of a Nevada fishing license or permit.

     2.  No person may use more than two combinations of hook, line and rod at any time.

     (Added to NAC by Bd. of Wildlife Comm’rs, 11-29-95, eff. 3-1-96; A by R109-02, 1-21-2003; R137-03, 1-20-2004, eff. 3-1-2004; R029-17, 12-19-2017)

     NAC 502.300  Date when fishing license not required. (NRS 501.105, 501.181, 502.010)  The second Saturday in June of each year is designated as the day upon which persons may fish without a license to do so.

     (Added to NAC by Bd. of Wildlife Comm’rs, eff. 12-11-87)

TAGS, PERMITS, STAMPS AND OTHER REQUIREMENTS

General Provisions

     NAC 502.310  Tags and permits: Conditions for issuance. (NRS 501.105, 501.181, 502.130)  Tags and permits must be issued in accordance with the seasons, quotas and other conditions designated in the annual regulations establishing open seasons.

     [Bd. of Fish & Game Comm’rs, No. 6 § 1, eff. 7-1-70] — (NAC A by Bd. of Wildlife Comm’rs by R029-17, 12-19-2017)

     NAC 502.312  Designation of period within season as controlled hunt. (NRS 501.105, 501.181)  The Commission may designate a period within a season as a controlled hunt for the taking of a game species where eligibility and the number of hunters are restricted to a management area or units within a management area.

     (Added to NAC by Bd. of Wildlife Comm’rs by R137-03, eff. 1-20-2004)

     NAC 502.314  Duplicate tags. (NRS 501.105, 501.181, 502.160, 502.210)

     1.  An application for a duplicate tag must be made as provided in NRS 502.210 on a form provided by the Department.

     2.  Upon submission of a completed application for a duplicate tag, a duplicate tag may be purchased from the Department or a license agent who issues duplicate tags.

     [Bd. of Fish & Game Comm’rs, No. 19 § 12.42, eff. 5-15-74; A 9-20-75; 7-25-77; 5-12-80] — (NAC A by Bd. of Wildlife Comm’rs, 3-19-96; R133-01, 12-17-2001, eff. 1-1-2002; R029-17, 12-19-2017)

     NAC 502.321  Replacement tags. (NRS 501.105, 501.181, 502.215)

     1.  The Department shall issue a replacement tag at no charge to the holder of a big game tag who has tagged an animal which is diseased and unfit for human consumption if:

     (a) A biologist or game warden of the Department or a veterinarian who is licensed to practice in this State avers on the affidavit of diseased big game that the animal is diseased; and

     (b) The holder of the tag completes the portion of the affidavit of diseased big game required to apply for a replacement tag, including the selection of a season for which the replacement tag will be issued.

     2.  Upon receipt of a completed affidavit of diseased big game, the Department shall, during normal business hours, issue a replacement tag for the appropriate season pursuant to NRS 502.215 at any office of the Department that issues replacement tags for that purpose.

     3.  If the holder of the big game tag requests a replacement tag for the next similar season, he or she must possess a valid hunting license and provide the number of the hunting license to the Department in order to obtain the replacement tag.

     4.  The Department may determine if a replacement tag will be issued from the tags remaining in the quota for that hunt or from tags issued in excess of the quota as an oversubscription for that hunt.

     5.  As used in this section, “affidavit of diseased big game” means a form provided by the Department which must be used by a person who has tagged an animal which is diseased and unfit for human consumption to apply for a replacement tag.

     (Added to NAC by Bd. of Wildlife Comm’rs, eff. 6-24-96; A by R133-01, 12-17-2001, eff. 1-1-2002)

     NAC 502.331  Limitation on number of big game tags; application and fee for tag or bonus point. (NRS 501.105, 501.181, 502.140, 502.160, 502.250)

     1.  Unless otherwise authorized by the Commission, it is unlawful for any person to obtain more than one tag for an antelope, any subspecies of bighorn sheep, a black bear, a moose, an elk or a mountain goat for a season.

     2.  An application for a tag or bonus point must be:

     (a) Completed in accordance with the regulations of the Commission.

     (b) Made for one applicant only.

     3.  Except as otherwise provided in NAC 502.4292, the following nonrefundable fees must be charged for acting upon each application for a tag or bonus point:

     (a) Elk tag.........................................................................................................

                      $15

     (b) Any other tag, other than a mountain lion tag............................................

                        10

     (c) Bonus point.................................................................................................

                        10

     [Bd. of Wildlife Comm’rs, No. 25, §§ 20 & 23, eff. 12-4-79 + No. 26, §§ 12 & 18, eff. 12-4-79; A 5-12-80; 7-1-80] — (NAC A 11-5-81; 4-18-86, eff. 4-25-86; 2-18-88; 4-18-90; 3-7-91; 3-19-96; 11-14-97; R054-01, 12-6-2001; R137-03, 1-20-2004; R229-03, 3-23-2004; R196-09, 4-20-2010; R002-11, 10-26-2011; R029-17, 12-19-2017)

     NAC 502.333  Limitation on applying for junior hunt. (NRS 501.105, 501.181, 502.160)  A person who is otherwise eligible to apply for a junior hunt may apply for a junior hunt for not more than 5 years.

     (Added to NAC by Bd. of Wildlife Comm’rs by R115-07, eff. 12-4-2007; A by R150-09, 6-30-2010)

REVISER’S NOTE.

      The regulation of the Board of Wildlife Commissioners filed with the Secretary of State on June 30, 2010 (LCB File No. R150-09), which amended this section, contains the following provisions not included in NAC:

      “If a person who is ineligible to participate in a junior hunt because of his or her age or the number of years for which the person has applied for a junior hunt becomes eligible to participate in a junior hunt pursuant to the amendatory provisions of this regulation, the Department of Wildlife shall:

      1.  Reinstate to the category for the junior hunt each unused bonus point accumulated by that person and automatically transferred pursuant to [former] subsection 4 of NAC 502.4189 [cf. subsection 5 of NAC 502.4189] before June 30, 2010;

      2.  Reduce the number of bonus points in the category for antlered mule deer by the number of bonus points transferred pursuant to subsection 1; and

      3.  Retain in the category for antlered mule deer each bonus point which was earned by the person before June 30, 2010, for each unsuccessful application for the issuance of a tag to hunt mule deer.”

 

     NAC 502.336  Deferral of privilege to use game tag by certain members of Armed Forces. (NRS 501.105, 501.181, 502.160, 502.250)

     1.  A person who receives a game tag and who, after receiving the tag, is mobilized or deployed while serving on active duty in the Armed Forces of the United States may:

     (a) Return the tag for a refund as provided in NAC 502.422; and

     (b) Request that, without entering the drawing for game tags, the privilege to hunt during the season for which the tag is issued be deferred for an identical privilege for not more than 2 successive years during which the hunting season for the identical privilege is open. The person must exercise the privilege during the 2 successive years. If the person did not go hunting under the authority of a hunting license issued to him or her for the hunt year in which the tag was issued, the person may return the hunting license for a refund.

     2.  To be eligible to defer the privilege to use a game tag pursuant to subsection 1, the person must:

     (a) Provide a copy of the person’s orders or other proof satisfactory to the Department;

     (b) Submit a written request to the Department to defer the privilege pursuant to subsection 1 together with the request for a refund pursuant to NAC 502.422;

     (c) Return the tag and, if applicable, the hunting license to the Department:

          (1) Except as otherwise provided in subparagraph (2), before the opening day of the season for which the tag was issued; or

          (2) Before the close of the season for which the tag was issued, if the person provides proof satisfactory to the Department that he or she was mobilized or deployed before the opening day of the season for which the tag was issued and had no opportunity to hunt under the authority of the tag; and

     (d) Submit to the Department:

          (1) The appropriate fee for the issuance of a game tag and a hunting license, if applicable; and

          (2) The nonrefundable application fee and predator fee for the tag.

     3.  The Department shall not issue a license or tag pursuant to this section unless the Department receives the fees specified in paragraph (d) of subsection 2.

     (Added to NAC by Bd. of Wildlife Comm’rs by R114-05, eff. 10-31-2005; A by R029-17, 12-19-2017)

     NAC 502.341  Antelope tags. (NRS 501.105, 501.181, 502.130, 502.140, 502.160, 502.250)

     1.  Except as otherwise provided in subsection 2, unless his or her privilege is limited or revoked pursuant to law, any resident of Nevada or nonresident is eligible to apply in any year for a tag to hunt antelope.

     2.  Except as otherwise provided in NAC 502.42694 and 502.4293, or unless his or her privilege is limited or revoked pursuant to law, a person is eligible to apply for a tag to hunt an antelope with horns longer than its ears if he or she did not receive a tag or a replacement tag to hunt antelope with horns longer than its ears in the previous 3 years.

     [Bd. of Fish & Game Comm’rs, No. 25 § 9, eff. 12-4-79; A 5-12-80] — (NAC A by Bd. of Wildlife Comm’rs, 5-1-82; 4-27-84, eff. 5-25-84; 9-10-87; 5-9-88; 4-18-90; 3-19-96; 6-24-96; R066-08, 9-18-2008; R196-09, 4-20-2010; R141-16, 12-21-2016)

     NAC 502.345  Bighorn sheep: Tags; presentation of skull and horns to representative of Department. (NRS 501.105, 501.181, 502.130, 502.140, 502.160, 502.250)

     1.  Unless his or her privilege is limited or revoked pursuant to law, any resident of Nevada or nonresident is eligible to apply for a tag to hunt for a ram from one or more of the following subspecies of bighorn sheep:

     (a) Nelson bighorn sheep;

     (b) California bighorn sheep; or

     (c) Rocky Mountain bighorn sheep,

Ê if, in the immediately preceding 10 years, he or she did not receive a tag or replacement tag to hunt for a ram from that subspecies of bighorn sheep.

     2.  Unless his or her privilege is limited or revoked pursuant to law, any resident of Nevada or nonresident is eligible to apply for a tag to hunt for a ewe from one or more of the following subspecies of bighorn sheep:

     (a) Nelson bighorn sheep;

     (b) California bighorn sheep; or

     (c) Rocky Mountain bighorn sheep,

Ê if, in the immediately preceding 2 years, he or she did not receive a tag or replacement tag to hunt for a ewe from that subspecies of bighorn sheep.

     3.  A person who kills a bighorn sheep, regardless of subspecies or gender, shall, within 5 days after killing it, personally present the skull and horns of the animal to a representative of the Department for inspection. For a ram, the inspector shall permanently attach a seal to one of the horns by plugging the seal into the horn or permanently brand an identification number on one of the horns. It is unlawful for any person to alter or remove the seal after the seal is permanently attached to a horn or to alter or remove the permanently branded identification number. It is unlawful to possess or sell the horns of a ram without a seal having been so attached or number so branded.

     4.  As used in this section, “ewe” means any female bighorn sheep having a horn or horns of at least 5 inches in length each as measured on the outside curve of the horn from the skull to the tip.

     [Bd. of Fish & Game Comm’rs, No. 25 § 10, eff. 12-4-79; A 5-12-80] — (NAC A by Bd. of Wildlife Comm’rs, 4-27-84, eff. 5-25-84; 4-18-86, eff. 4-25-86; 9-10-87; 11-14-88; 3-19-96; R041-98, 6-1-98; R156-05, 2-23-2006; R066-08, 9-18-2008; R196-09, 4-20-2010; R055-11, 3-9-2012; R090-13, 12-23-2013)

REVISER’S NOTE.

      The regulation of the Board of Wildlife Commissioners filed with the Secretary of State on September 18, 2008, (LCB File No. R066-08), which amended subsection 1 of this section, contains the following provisions not included in NAC:

      “1.  The amendatory provisions of section 2 of this regulation [NAC 502.345] do not apply to a person who, during the 5 years immediately preceding September 18, 2008:

      (a) Obtained a tag or replacement tag for one or more of the subspecies of bighorn sheep specified in that section; and

      (b) Did not harvest a bighorn sheep using that tag.

      2.  A person specified in subsection 1 may, if he is otherwise eligible to apply for a tag to hunt a subspecies of bighorn sheep, apply for such a tag upon the expiration of 5 years after obtaining the tag or replacement tag specified in subsection 1.”

 

     NAC 502.347  Bobcats: Miscellaneous requirements; prohibited and unlawful acts; transportation; fee for seal. (NRS 501.105, 501.181, 502.130)

     1.  Any person who kills a bobcat shall, within 10 days after the close of the season, personally:

     (a) Present its pelt for inspection by and give its lower jaw to a representative of the Department;

     (b) Have the Department’s seal affixed to the pelt; and

     (c) Complete a report of the killing in accordance with the Department’s instructions.

     2.  A person shall not sell, offer for sale, barter, trade, purchase, transfer ownership, tan, offer for out-of-state shipment by a common carrier or, except as otherwise provided in subsection 3, transport from this State any pelt of a bobcat unless the Department has affixed its seal to the pelt.

     3.  During the season designated by the Commission for the taking of bobcats, a person who holds a valid resident trapping license may transport from this State, for not more than 2 hours:

     (a) The pelt of a bobcat that has not been stretched, dried or cured; or

     (b) The entire unskinned carcass of a bobcat,

Ê lawfully taken by the person in this State, without the seal being affixed to the pelt pursuant to subsection 2, for the purpose of returning to the person’s residence within this State by the most expedient route or checking any additional trap set by the person that is located in an area of this State which is most readily accessed from any state. The provisions of this subsection do not authorize a person to import, transport, export or possess an unsealed pelt in violation of a law or regulation of any state.

     4.  A person shall not possess a pelt of a bobcat 10 days or more after the close of the season unless the Department’s seal is permanently attached to the pelt.

     5.  A resident of Nevada must pay the Department $5 for such a seal.

     6.  It is unlawful for a person to present for sealing or to have sealed in this State the pelt of any bobcat taken in another state.

     7.  As used in this section, “pelt” means the hide or skin of a bobcat that is not permanently tanned or has not been processed to a finished form or product beyond initial fleshing, cleaning, temporary tanning, curing, stretching, salting or drying. The term includes, without limitation, any green pelt or raw pelt.

     (Added to NAC by Bd. of Wildlife Comm’rs, eff. 9-1-80; A 11-5-81; 8-22-86, eff. 9-15-86; R107-05, 9-18-2007)

     NAC 502.361  Elk tags. (NRS 501.105, 501.181, 502.130, 502.140, 502.160, 502.250)

     1.  Except as otherwise provided in NAC 502.42694 and 502.4293, or unless his or her privilege is limited or revoked pursuant to law, a person is eligible to apply for a bull elk tag in any year if he or she did not receive a bull elk tag or a replacement tag for a bull elk in the previous 7 years.

     2.  Unless his or her privilege is limited or revoked pursuant to law, a person is eligible to apply for an antlerless elk tag in any year.

     3.  Unless his or her privilege is limited or revoked pursuant to law, a person is eligible to apply for a spike elk tag in any year.

     [Bd. of Fish & Game Comm’rs, No. 25 § 11, eff. 12-4-79; A 5-12-80] — (NAC A by Bd. of Wildlife Comm’rs, 9-10-87; 6-20-90; 11-23-94; 3-21-96; R140-98, 9-25-98; R180-01, 4-3-2002; R066-08, 9-18-2008; R196-09, 4-20-2010; R141-16, 12-21-2016)

     NAC 502.364  Mountain goats: Tags; inspection. (NRS 501.105, 501.181, 502.130, 502.140, 502.160)

     1.  Except as otherwise provided by a regulation of the Commission or title 45 of NRS, a person may apply for a mountain goat tag in any year if, in the immediately preceding 10 years, he or she did not receive a tag or replacement tag for a mountain goat.

     2.  A person who harvests a mountain goat shall, within 5 days after harvesting it, personally present the skull, hide and any edible portion of the animal, or its carcass, to a representative of the Department for inspection.

     [Bd. of Fish & Game Comm’rs, No. 25 § 12, eff. 12-4-79] — (NAC A 4-27-84, eff. 5-25-84; A by Bd. of Wildlife Comm’rs, 4-18-90; 3-19-96; 6-24-96; 9-6-96; R023-03, 10-30-2003; R156-05, 2-23-2006; R066-08, 9-18-2008; R029-17, 12-19-2017)

     NAC 502.370  Mountain lions: Tags; open season; miscellaneous requirements; unlawful acts. (NRS 501.105, 501.181, 502.130, 502.140, 502.160)

     1.  Unless otherwise specified by a regulation of the Commission or title 45 of NRS, any resident of Nevada or nonresident is eligible to obtain not more than two mountain lion tags in any year. A mountain lion tag:

     (a) May be purchased from the Department or a license agent;

     (b) May be used in any management unit or group of management units in Nevada during any open season established for the management unit or group of management units pursuant to subsection 2; and

     (c) Expires upon the termination of all the open seasons established pursuant to subsection 2 for the year for which the tag is issued.

     2.  The Commission will annually specify the number of mountain lions it determines to be appropriate for harvesting in a management unit or group of management units. The open season for mountain lions in each such management unit or group of management units begins on March 1 and ends on:

     (a) The last day of the next succeeding February; or

     (b) The day the Department determines that the number of mountain lions harvested in that management unit or group of management units is equal to or greater than the number specified by the Commission pursuant to this subsection,

Ê whichever occurs earlier. The Department shall maintain and annually publish a toll-free telephone number for ascertaining whether the Department has determined that the number of mountain lions harvested in a management unit or group of management units is equal to or greater than the number specified by the Commission pursuant to this subsection. The Department is not required to provide any other notice of the termination of an open season for mountain lions in a management unit or group of management units.

     3.  A person who harvests a mountain lion shall, within 72 hours after harvesting it, personally present the skull and hide to a representative of the Department for inspection. The representative shall affix the seal of the Department permanently to the hide.

     4.  It is unlawful for any person to:

     (a) Transport the hide of a mountain lion from this State without the seal required pursuant to this section permanently affixed to the hide.

     (b) Except as otherwise provided in subsection 3, possess the hide of a mountain lion without a seal permanently attached to it.

     (c) Kill a female mountain lion which is accompanied by a spotted kitten.

     (d) Kill or possess a spotted mountain lion kitten.

     5.  If a mountain lion is accidentally trapped or killed, the person trapping or killing it shall report the trapping or killing within 48 hours to a representative of the Department. The animal must be disposed of in accordance with the instructions of the representative.

     [Bd. of Fish & Game Comm’rs, No. 25 § 13, eff. 12-4-79] — (NAC A by Bd. of Wildlife Comm’rs, 11-14-88; 4-18-90; 3-19-96; R106-02, 1-21-2003; R107-05, 9-18-2007; R029-17, 12-19-2017)

     NAC 502.373  Black bears: Tags; fees; miscellaneous requirements; unlawful acts; open season. (NRS 501.105, 501.181, 502.130, 502.140, 502.160)

     1.  Unless his or her privilege is limited or revoked pursuant to law, any resident or nonresident of this State is eligible to apply for a black bear tag to hunt black bear. Except as otherwise provided in this subsection, a person is eligible to apply for a black bear tag in any year. A person who obtains a black bear tag or a replacement black bear tag and who is successful in harvesting a black bear is not eligible to apply for another black bear tag during the next 5 years.

     2.  The fee for:

     (a) A resident black bear tag is $100.

     (b) A nonresident black bear tag is $300.

     3.  A person who harvests a black bear shall:

     (a) Within 24 hours after harvesting the black bear, call the Department to report the harvest; and

     (b) Within 72 hours after harvesting the black bear, personally present the skull and hide to a representative of the Department for inspection.

     4.  If a person accidentally traps or kills a black bear, the person shall:

     (a) Within 48 hours after trapping or killing the black bear, report the trapping or killing to a representative of the Department; and

     (b) Dispose of the remains of the black bear in accordance with the instructions of the representative of the Department.

     5.  It is unlawful for any person to:

     (a) Kill a female black bear that is accompanied by a black bear cub; or

     (b) Kill or possess a black bear cub.

Ê As used in this subsection, “black bear cub” means any black bear which is less than 1 year of age or less than 50 pounds.

     6.  The Commission will annually specify the number of black bears and female black bears it determines to be appropriate for harvesting in a management unit or group of management units. The open season for black bears in each such management unit or group of management units will end on:

     (a) The last day of the season as determined by the Commission; or

     (b) The day on which the Department determines that the number of black bears or female black bears harvested in that management unit or group of management units is equal to or greater than the number specified by the Commission pursuant to this subsection,

Ê whichever occurs earlier.

     7.  The Department shall maintain and annually publish a toll-free telephone number for ascertaining whether the open season for black bears has been closed pursuant to subsection 6. To implement the closure of the open season for black bears, the Department shall:

     (a) Notify the Commission of the closure;

     (b) Provide notice of the closure to the general public through the news media; and

     (c) Mail notice of the closure to all persons who hold black bear tags.

     (Added to NAC by Bd. of Wildlife Comm’rs by R002-11, eff. 10-26-2011)

     NAC 502.378  Wild turkeys: Tags; fees; miscellaneous requirements. (NRS 501.105, 501.181, 502.130, 502.160, 502.250)

     1.  A tag is required to hunt wild turkey. The fee for a resident tag is $20. The fee for a nonresident tag is $50. In addition, a nonrefundable fee in the amount set forth in subsection 3 of NAC 502.331 will be charged for acting upon each application for a tag. Except as otherwise provided in regulations adopted by the Commission, the award of these tags by the Department will be based on a drawing held after the deadline established by the Commission for the drawing.

     2.  A person, while hunting wild turkey, shall have in his or her possession:

     (a) A valid hunting license; and

     (b) A valid tag to hunt wild turkey issued to the person.

     3.  A hunter who has killed a wild turkey and taken it into his or her possession shall immediately punch the tag and attach it to the body of the turkey as required by NAC 502.390 and 502.400.

     (Added to NAC by Bd. of Wildlife Comm’rs, eff. 9-19-90; A 11-14-97; R168-99, 1-19-2000; R029-17, 12-19-2017)

     NAC 502.380  Swans: Permits; fees; miscellaneous requirements; prohibited acts. (NRS 501.105, 501.181, 502.130)

     1.  A permit is required to hunt swan. The fee for the permit is $10. A person must apply for the permit on a form provided by the Department. The form must be completed in accordance with regulations adopted by the Commission. Award of the swan hunt permits by the Department will be based on a drawing held after the deadline established in an annual regulation of the Commission.

     2.  Each person, while hunting swan, shall carry on his or her person a:

     (a) Hunting license or permit issued by the Department, unless the person is under the age of 12 years;

     (b) Swan hunt permit issued by the Department; and

     (c) Federal migratory bird hunting stamp, or any other such documentation as the Federal Government provides as proof that the person has paid to the Federal Government the fee for the federal migratory bird hunting stamp, unless the person is not subject to the payment of the fee.

     3.  When a hunter has killed a swan and taken it into his or her possession, the hunter shall:

     (a) Immediately punch and attach the swan hunt permit in the manner required by NAC 502.390 and 502.400; and

     (b) Except as otherwise provided by an order or regulation of the Commission, not later than 5 days after the hunter has killed and taken the swan into his or her possession, submit the head and neck of the swan to a representative of the Department for inspection at a location designated by the Department. The Department shall provide a list of the locations upon the issuance of the swan hunt permit.

     4.  A person shall not use or possess a swan hunt permit issued to any other person, or transfer or give a swan hunt permit issued to him or her to any other person.

     (Added to NAC by Bd. of Wildlife Comm’rs, eff. 9-1-80; A 11-5-81; 1-2-86; 9-13-91; R061-99, 8-19-99; R137-03, 1-20-2004, eff. 3-1-2004; R126-06, 9-18-2006; R117-07, 12-4-2007; R055-11, 3-9-2012; R029-17, 12-19-2017)

     NAC 502.385  Use of tag or permit. (NRS 501.105, 501.181, 502.140, 502.160)

     1.  The tag or permit must be carried by the holder at all times while the holder is hunting or trapping or while he or she is fishing for wildlife for which a tag or permit is required.

     2.  Except as otherwise provided in NAC 502.42905, it is unlawful for any person to:

     (a) Use or possess a tag or permit issued to any other person;

     (b) Transfer or give a tag or permit issued to him or her to any other person;

     (c) Use any tag or permit in a management area or unit for which it is not intended; or

     (d) Use a tag or permit at any time other than at the time intended.

     3.  After it has been issued, a tag or permit may not be exchanged or a refund made except in accordance with the policies and regulations of the Commission.

     [Bd. of Fish & Game Comm’rs, No. 6 § 2, eff. 9-1-78 + No. 25 § 24, eff. 12-4-79] — (NAC A by Bd. of Wildlife Comm’rs, 3-7-91; R126-06, 9-18-2006; R003-13, 10-4-2013; R105-16, 6-21-2017; R029-17, 12-19-2017)

     NAC 502.390  Validation of tag or permit. (NRS 501.105, 501.181, 502.160)  Except as otherwise provided in NAC 502.42905, when a person reaches any wildlife which the person has killed, he or she must validate his or her tag or permit immediately by clearly punching out the spaces necessary to properly identify the physical description of the animal, including its sex and antler points, where appropriate, and the day and month of the kill.

     [Bd. of Fish & Game Comm’rs, No. 6 § 3, eff. 9-1-78] — (NAC A by Bd. of Wildlife Comm’rs by R126-06, 9-18-2006; R115-09, 1-28-2010; R105-16, 6-21-2017)

     NAC 502.400  Attachment of tag or permit to animal. (NRS 501.105, 501.181, 502.160)

     1.  Except as otherwise provided in subsection 2 and NAC 502.42905, the owner of a tag or permit must firmly attach it to the carcass of an animal killed by the owner, at or before the time he or she first reaches his or her means of transportation or camp. The tag or permit must remain with the major portion of the meat until it is consumed.

     2.  If the animal killed is a mountain lion or fur-bearing mammal for which a tag or permit is required, the owner of the tag or permit or a designated licensed assistant pursuant to NAC 502.42905 must firmly attach it to the hide or pelt of the animal. The tag or permit must remain attached to the hide while it is transported and until it is processed.

     [Bd. of Fish & Game Comm’rs, No. 6 § 4, eff. 9-1-78] — (NAC A by Bd. of Wildlife Comm’rs by R133-04, 10-28-2004; R126-06, 9-18-2006; R105-16, 6-21-2017)

     NAC 502.401  Use of tag as transportation permit; requirements. (NRS 501.105, 501.181, 503.040)

     1.  A person to whom a game tag has been lawfully issued may use his or her game tag as a transportation permit in the manner described in this section if:

     (a) The game tag includes the signature of the holder of the game tag and the date on which and time at which the holder signed the game tag;

     (b) The game tag has been validated pursuant to NAC 502.390; and

     (c) The game tag has been attached to the carcass, hide or pelt of the animal pursuant to NAC 502.400.

     2.  The holder of the game tag, the person who will transport the carcass, hide or pelt of the animal and a witness each shall, at the time the carcass, hide or pelt is transferred from the holder of the game tag to the person who will transport the carcass, hide or pelt:

     (a) Sign the portion of the game tag designated as the tag holder copy of the transportation permit and the portion of the game tag designated as the transporter copy of the transportation permit; and

     (b) Include on each portion of the game tag described in paragraph (a):

          (1) The date and time that the carcass, hide or pelt of the animal is transferred from the holder of the game tag to the person who will transport the carcass, hide or pelt of the animal; and

          (2) Except as otherwise provided in subsection 3, his or her driver’s license number or the number of any other identification card issued by a governmental agency to the person.

     3.  If the holder of the game tag, the person who will transport the carcass, hide or pelt of the animal or the witness does not have a driver’s license or any other identification card issued by a governmental agency, he or she shall include on each portion of the game tag described in paragraph (a) of subsection 2 his or her date of birth.

     4.  In addition to the requirements of subsections 2 and 3, the holder of the game tag shall include on each portion of the game tag described in paragraph (a) of subsection 2 the destination of the carcass, hide or pelt being transported.

     5.  A person who provides a signature pursuant to this section shall be deemed to have attested, under penalty of perjury, to the transfer of the carcass, hide or pelt of the animal from the holder of the game tag to the person who will transport the carcass, hide or pelt.

     6.  A person shall not remove from the carcass, hide or pelt of an animal either portion of the game tag described in paragraph (a) of subsection 2 until the carcass, hide or pelt has been transferred from the holder of the game tag to the person who will transport the carcass, hide or pelt.

     7.  The holder of the game tag shall retain the portion of the game tag designated as the tag holder copy of the transportation permit and the person who transports the carcass, hide or pelt shall retain the portion of the game tag designated as the transporter copy of the transportation permit for at least 1 year after the date that the carcass, hide or pelt of the animal is transferred from the holder of the game tag to the person who transports the carcass, hide or pelt.

     8.  If the carcass, hide or pelt of an animal is transferred from the holder of a game tag to a person who will transport the carcass, hide or pelt, that portion of the cape or scalp of the animal which includes the ears to the base of the muzzle and any antlers or horns must be kept with the carcass, hide or pelt until the carcass, hide or pelt is frozen, smoked, dried, consumed or accepted by a commercial processing plant for processing.

     (Added to NAC by Bd. of Wildlife Comm’rs by R003-13, eff. 10-4-2013; A by R029-17, 12-19-2017)

     NAC 502.403  Transportation of animal legally harvested to taxidermist: Use of taxidermy record stub as transportation permit; restrictions. (NRS 501.105, 501.181, 502.370)

     1.  Except as otherwise provided in this section, a person to whom a game tag has been lawfully issued may use that portion of his or her game tag designated as the taxidermy record stub in the following manner:

     (a) The person may ship by commercial carrier any nonedible game parts taken from the animal lawfully harvested under the authority of the tag to a commercial or noncommercial taxidermist licensed and located in this State. If such parts are placed for shipment, the taxidermy record stub must accompany the shipment.

     (b) If the person reaches his or her place of residence with an animal which has been lawfully harvested under the authority of the tag or delivers the animal to a commercial processor for processing, the person may authorize another person to transport any nonedible game parts taken from the animal to a commercial or noncommercial taxidermist licensed and located in this State. The person shall, at the time of making the authorization, print in ink on the taxidermy record stub both the name of the authorized transporter and the date of the authorization. The taxidermy record stub must accompany the transportation of the parts.

     (c) The person who is specified on the tag may deliver any nonedible game parts taken from the animal lawfully harvested under the authority of the tag to a commercial or noncommercial taxidermist licensed in any state.

     2.  Whenever antlers are shipped, transported or delivered in the manner provided in subsection 1, the holder of the game tag shall indicate in ink on the taxidermy record stub the number of both the left and right antler points.

     3.  If a person who holds a game tag delivers any nonedible game parts of a game animal which he or she has lawfully harvested under the authority of the tag to a taxidermist before the carcass of the animal is delivered for processing to a commercial processing plant or before the carcass of the animal is taken to or left at the holder’s place of residence, the holder shall obtain from the taxidermist, and the taxidermist shall provide to the holder, an itemized receipt which includes the following printed information:

     (a) The date on which the nonedible game parts were received;

     (b) The species of game from which the nonedible game parts were taken;

     (c) A brief description of each of the nonedible game parts received; and

     (d) The number of antler points, both left and right, if any, of the animal.

Ê Both the holder of the tag and the taxidermist shall sign the receipt. The holder of the tag shall retain possession of the receipt until he or she acquires physical possession of the nonedible game parts specified in the receipt from the taxidermist to whom the parts were delivered.

     4.  Except as otherwise provided in this section, a taxidermy record stub may not be used or possessed by any person other than the person to whom the game tag to which the stub is attached was issued.

     5.  A taxidermy record stub is valid only for the type of hunt, season and animal specified on the tag and may only be used as authorized in this section.

     6.  Nonedible game parts taken from a harvested game animal which is required to be presented to a representative of the Department for inspection and branding or sealing may not be shipped, transported or delivered pursuant to the provisions of this section until the animal has been properly inspected and branded or sealed by the Department.

     7.  The provisions of NAC 503.173 do not apply to a person who ships, transports or delivers nonedible game parts in compliance with the provisions of this section.

     8.  As used in this section, “nonedible game parts” means the hide, head, skull, antlers, horns, paws, hooves or claws of any game animal. The term does not include the carcass of the animal.

     (Added to NAC by Bd. of Wildlife Comm’rs, 10-12-94, eff. 3-1-95; A by R003-13, 10-4-2013)

     NAC 502.405  Questionnaire with big game tag: Submission of information to Department; denial and reinstatement of certain privileges. (NRS 501.105, 501.119, 501.181, 502.160)

     1.  Unless otherwise provided by an annual regulation of the Commission, the properly completed questionnaire issued as part of a big game tag or the information required by the questionnaire must be received by the Department not later than the deadline established in an annual regulation of the Commission.

     2.  A person who fails to return the questionnaire or the information required by the questionnaire on or before the deadline or who submits incomplete or false information on the questionnaire will be denied all big game tags for 1 year. A person who is ineligible for a big game tag pursuant to this subsection may have those privileges reinstated if the person:

     (a) Pays to the Department an administrative fine of $50; and

     (b) Submits to the Department the properly completed questionnaire issued as part of the big game tag or the information required by the questionnaire, all of which must be received on or before the deadline for the application for the main drawing.

     [Bd. of Fish & Game Comm’rs, No. 6 § 5, eff. 9-1-78; + No. 25 § 8 + No. 26 § 8, eff. 12-4-79] — (NAC A by Bd. of Wildlife Comm’rs, 12-3-80, eff. 12-5-80; 4-27-84, eff. 5-25-84; 2-18-88; R136-98, 11-13-98; R168-99, 1-19-2000; R106-02, 1-21-2003; R024-03, 10-30-2003; R156-05, 2-23-2006; R117-07, 12-4-2007; R140-16, 9-21-2017; R029-17, 12-19-2017)

     NAC 502.407  Questionnaire with turkey tag: Submission to Department; ineligibility for tag; reinstatement of certain privileges. (NRS 501.105, 501.119, 501.181, 502.160)

     1.  Unless otherwise provided by an annual regulation of the Commission, the properly completed questionnaire issued as part of a turkey tag must be received by the Department not later than 11 p.m. on:

     (a) May 31, or the next business day if May 31 falls on a weekend or state holiday, following the close of the season for the spring hunt for turkey; or

     (b) November 30, or the next business day if November 30 falls on a weekend or state holiday, following the close of the season for the fall hunt for turkey.

     2.  A person who fails to return the questionnaire or the information required by the questionnaire within the period specified or who submits incomplete or false information on the questionnaire is ineligible for all turkey tags for 1 year.

     3.  A person who is ineligible for a tag pursuant to subsection 2 may have those privileges reinstated if the person:

     (a) Pays to the Department an administrative fine of $50; and

     (b) Submits to the Department the properly completed questionnaire issued as part of the turkey tag or the information required by the questionnaire.

     4.  A person who seeks to have privileges reinstated pursuant to the provisions of subsection 3 must perform the actions specified in that subsection not later than 11 p.m. on:

     (a) June 30, or the next business day if June 30 falls on a weekend or state holiday, following the close of the spring hunt for turkey; or

     (b) December 31, or the next business day if December 31 falls on a weekend or state holiday, following the close of the fall hunt for turkey.

     (Added to NAC by Bd. of Wildlife Comm’rs by R117-07, eff. 12-4-2007; A by R029-17, 12-19-2017)

     NAC 502.411  Computation of time for presentation of animal to representative of Department. (NRS 501.105, 501.181, 502.160)  Whenever a person is required, pursuant to a regulation adopted by the Commission, to present an animal or parts thereof to a representative of the Department for inspection, sealing or branding within a specified period, the day of the act or event from which the specified period begins to run must not be included. The last day of the period so computed must be included, unless it is a Saturday, a Sunday or a state holiday, in which event the period runs until the end of the next day which is not a Saturday, a Sunday or a state holiday. Intermediate Saturdays, Sundays and state holidays must be excluded from the computation.

     (Added to NAC by Bd. of Wildlife Comm’rs by R117-07, eff. 12-4-2007)

General Procedure for Awarding Tags and Bonus Points

     NAC 502.417  Applicability. (NRS 501.105, 501.181, 502.160)  Except as otherwise provided in this chapter, the provisions of NAC 502.417 to 502.4225, inclusive, apply to the processing of:

     1.  Applications to obtain tags or permits as provided in NRS 502.130; and

     2.  Applications to obtain bonus points for tags as provided in NRS 502.130.

     (Added to NAC by Bd. of Wildlife Comm’rs, eff. 3-7-91; A 10-12-94; R229-03, 3-23-2004; R040-09, 10-27-2009; R029-17, 12-19-2017)

     NAC 502.4175  Electronic application for tag, permit or bonus point; alternate list; establishment of seasons and quotas by Commission; valid hunting license required; fees. (NRS 501.105, 501.181, 502.030, 502.160)

     1.  Except as otherwise authorized by the Commission, a person desiring to obtain a tag, permit or a bonus point without the opportunity to obtain a tag must submit an electronic application provided by the Department. In addition to any information required pursuant to NAC 502.199, the application must:

     (a) Specify whether the applicant is a resident or nonresident of this State;

     (b) Specify the species or category of species for which the applicant is applying;

     (c) If the applicant is applying for a tag to hunt deer, bear, elk, antelope, bighorn sheep, mountain goat, moose or wild turkey, include a selection of not more than five hunter choice numbers; and

     (d) Set forth an acknowledgement of the affidavit that is included in the application provided by the Department.

     2.  A person who desires to be placed on an alternate list pursuant to NAC 502.421 or 502.4275 must apply to the Department electronically to obtain a tag and must indicate on the electronic application his or her desire to be placed on an alternate list.

     3.  If an applicant desiring to obtain a bonus point without the opportunity to obtain a tag specifies a hunter choice number on his or her application, the Department shall ignore the specification of the hunter choice number by the applicant and process the application for the bonus point.

     4.  The Commission will establish the seasons and quotas for a hunt, and the method for submission and deadline for receipt of applications.

     5.  An applicant must obtain a valid hunting license or combination hunting and fishing license before submitting his or her application for a tag, permit or bonus point, except that an applicant may apply for a hunting license when submitting the application for a tag, permit or bonus point.

     6.  A hunting license or combination hunting and fishing license may not be used to comply with the provisions of this section for more than one application period for each random draw during a 1-year period after the date of issuance of the license.

     7.  The electronic application for a tag, permit or bonus point must be accompanied by:

     (a) The fee required pursuant to NRS 502.253 for the support of programs to control predators and protect wildlife habitat;

     (b) Any donation the applicant wishes to make to a program specified in paragraph (a) or any other program conducted by the Department;

     (c) The fee for a hunting license or combination hunting and fishing license, as provided in NRS 502.240, if the application is for:

          (1) A tag or permit and the applicant:

               (I) Has not obtained a hunting license or combination hunting and fishing license; and

               (II) Indicates on the application that he or she wishes to purchase the hunting license or combination hunting and fishing license regardless of whether his or her application is successfully drawn; or

          (2) A bonus point and the applicant has not obtained a hunting license; and

     (d) The applicable fee required pursuant to NAC 502.331 for the Department to act upon the application. The Department shall apply the proceeds of the fee in accordance with the provisions of NRS 502.255.

     8.  If an application for a tag specified in subsection 7 is successfully drawn, the Department shall collect from the applicant:

     (a) The appropriate fee for the tag as provided in NRS 502.250; and

     (b) The fee for a hunting license or combination hunting and fishing license, as provided in NRS 502.240, if the applicant:

          (1) Has not obtained a hunting license and indicates on the application that he or she wishes to purchase the hunting license or combination hunting and fishing license only if his or her application is successfully drawn; or

          (2) The hunting license or combination hunting and fishing license submitted with the application for the tag or permit will expire before the opening day of the season for the permit or tag.

     9.  An application to obtain a tag that is issued by random selection may be submitted by a person who is under 12 years of age if he or she will attain the age of 12 years before the commencement of each season to which the application relates. An application to obtain a tag that is issued on a first-come, first-served basis may not be submitted by a person who has not yet attained the age of 12 years.

     10.  The Department and its agents and employees shall not:

     (a) Amend or otherwise alter an application to obtain a tag, permit or bonus point.

     (b) Issue a tag or permit or award a bonus point to an applicant who fails to submit the fees required pursuant to this section.

     (Added to NAC by Bd. of Wildlife Comm’rs, eff. 3-7-91; A 10-26-93; 10-12-94; 3-19-96; R139-98, 11-13-98; R168-99, 1-19-2000; R133-01, 12-17-2001, eff. 1-1-2002; R137-03, 1-20-2004, eff. 3-1-2004; R229-03, 3-23-2004; R067-08, 8-26-2008; R155-09, 4-20-2010; R159-12, 12-20-2012; R140-16, 9-21-2017; R029-17, 12-19-2017)

     NAC 502.4177  Submission of application for sole purpose of obtaining bonus point. (NRS 501.105, 501.181, 502.160)

     1.  Except as otherwise provided in subsection 2, a person who is at least 12 years of age and does not wish to obtain a tag may apply to the Department for the sole purpose of obtaining a bonus point for a tag. Such an application may be submitted by a person who is under 12 years of age if he or she will attain the age of 12 years before the commencement of the earliest season for the category of the species to which the application relates.

     2.  A person who is ineligible to apply for a tag for a category of species may not apply for a bonus point for that category of species.

     3.  The Department shall award a bonus point to a person described in subsection 1 if the person has complied with all applicable provisions of chapter 502 of NRS and the regulations adopted pursuant thereto.

     (Added to NAC by Bd. of Wildlife Comm’rs by R229-03, eff. 3-23-2004; A by R156-05, 2-23-2006; R029-17, 12-19-2017)

     NAC 502.4179  Restrictions on applications. (NRS 501.105, 501.181, 502.160, 502.219)  A person may not submit an application for a:

     1.  Tag and an application for a bonus point for the same category or species in the same drawing unless authorized by the Commission.

     2.  Bonus point in a subsequent drawing if a tag, other than a Dream Tag issued pursuant to NRS 502.219, or bonus point was obtained for that category of species in a previous drawing that year unless authorized by the Commission.

     (Added to NAC by Bd. of Wildlife Comm’rs by R229-03, eff. 3-23-2004; A by R156-05, 2-23-2006; A by Dep’t of Wildlife by R110-11, 3-9-2012; A by Bd. of Wildlife Comm’rs by R091-13, 12-23-2013)

     NAC 502.418  Rejection of application. (NRS 501.105, 501.181, 501.337, 502.160, 502.175)  The Department shall reject an application to obtain a tag, permit or bonus point if any of the following occurs:

     1.  The applicant fails to provide the information required pursuant to NAC 502.199, unless that information exists in the records of the Department.

     2.  The applicant fails to specify or incorrectly specifies the number of his or her hunting license or combination hunting and fishing license, unless that information exists in the records of the Department.

     3.  The applicant fails to specify his or her social security number pursuant to NAC 502.199, unless that information exists in the records of the Department.

     4.  The parent or legal guardian of an applicant who is at least 12 years of age but less than 18 years of age fails to provide the acknowledgment required pursuant to NRS 502.060.

     5.  The applicant fails to specify on the application the species or the category of the species for which the application was submitted and, if the application is for a tag, a valid hunter choice number for that type of hunt. If the applicant specifies valid and invalid numbers, the Department shall accept the application for the valid numbers only.

     6.  The applicant fails to provide the acknowledgment required pursuant to NRS 502.030.

     7.  The applicant fails to submit the fees required pursuant to NAC 502.4175.

     8.  The applicant fails to comply with the provisions of NAC 502.405, unless, on or before the deadline set forth in an annual regulation of the Commission for the year in which the application is submitted, he or she pays the applicable administrative fine and submits the properly completed questionnaire issued as part of the tag or permit or the information required by the questionnaire.

     9.  Except as otherwise provided in NAC 502.4183, the applicant submits more than one application to hunt for the same species or category of species of wildlife during the same year, unless such an application is specifically authorized by the Commission. If such an application is not specifically authorized by the Commission, all applications submitted by the applicant to hunt for the same species must be rejected.

     10.  Except as otherwise provided in NAC 502.4183 and 502.41895, the application is received after the deadline set by the Commission or by the Director pursuant to NAC 502.4196.

     11.  The applicant fails to comply with the provisions of NRS 502.330.

     12.  The applicant is otherwise ineligible to apply for the tag or bonus point.

     (Added to NAC by Bd. of Wildlife Comm’rs, eff. 3-7-91; A 4-14-92; 10-26-93; 10-12-94; 3-19-96; 5-7-96; 11-14-97; 11-14-97; R139-98, 11-13-98; R168-99, 1-19-2000; R133-01, 12-17-2001, eff. 1-1-2002; R024-03, 10-30-2003; R137-03, 1-20-2004; R229-03, 3-23-2004; R156-05, 2-23-2006; R117-07, 12-4-2007; R155-09, 4-20-2010; R051-11, 3-9-2012; R029-17, 12-19-2017)

     NAC 502.4183  Withdrawal of application; electronic submission of new application. (NRS 501.105, 501.181, 502.160)

     1.  An application for a tag, permit or bonus point for a species or category of species may be withdrawn after it is received by the Department:

     (a) Electronically, if the application was submitted electronically; or

     (b) By submitting a written request to the Department which includes the applicant’s client number if the request is received by the Department on or before the Friday next preceding the draw.

     2.  If an application is submitted electronically and is withdrawn before the deadline for the draw, the applicant may submit a new application for a tag, permit or bonus point for the same species or category of species in that draw on or before the deadline for the draw.

     3.  If an application is submitted electronically and is withdrawn after the deadline for the draw, the applicant may submit a new application for a bonus point for the same species or category of species within 7 days after the deadline for the draw.

     4.  The Department shall not consider a withdrawn application in the procedure for awarding tags or bonus points.

     (Added to NAC by Bd. of Wildlife Comm’rs by R155-09, eff. 4-20-2010)

     NAC 502.4185  Applications for certain tags by group of persons. (NRS 501.105, 501.181, 502.160)

     1.  Except for a restricted nonresident deer hunt, residents and nonresidents may apply for tags as one party if they:

     (a) Submit individual applications to obtain tags;

     (b) Indicate the desire to hunt as a party on their applications; and

     (c) Select the corresponding valid hunter choice numbers for a species or category of species.

     2.  If the Department is required, pursuant to NAC 502.418, to reject an application submitted by one member of a party, the Department is not required to reject the applications of the remaining members unless the ground for rejecting the one application also applies to the other applications.

     3.  Except as otherwise provided in NAC 502.4195, the Department shall not exceed its quotas for the respective resident and nonresident units of a season when issuing tags to a party.

     4.  As used in this section, “party” means two or more persons applying together as a group to obtain tags for a season to hunt any deer, antlerless elk or antelope with horns shorter than its ears.

     (Added to NAC by Bd. of Wildlife Comm’rs, eff. 3-7-91; A 10-26-93; R168-99, 1-19-2000; R137-03, 1-20-2004; R160-12, 12-20-2012; R029-17, 12-19-2017)

     NAC 502.4187  Bonus points: Award and accumulation; effect of refund. (NRS 501.105, 501.181, 502.160, 502.175)

     1.  Except as otherwise provided in NAC 502.417 to 502.4225, inclusive, an applicant to obtain a tag for a season who is unsuccessful, or an applicant for a bonus point who does not wish to obtain a tag and is applying for the sole purpose of earning a bonus point, must be awarded a bonus point for:

     (a) The hunt number of the species for which the applicant applied if he or she applied for a:

          (1) Tag to hunt wild turkey; or

          (2) Bonus point for a tag described in subparagraph (1); or

     (b) The category of the species for which he or she applied if he or she applied for a tag to hunt deer, elk, mountain goat, antelope, black bear, moose or bighorn sheep, or for a bonus point for such a tag.

Ê Regardless of the number of applications to obtain a tag or bonus point for a season submitted by a person, the Department shall not award the person more than one bonus point per season for each species or category of a species for which the person applied.

     2.  Except as otherwise provided in subsections 3 and 4, the bonus points awarded to a person accumulate until the person is successful in drawing a tag for a season for that species or category of a species or the person fails to apply for a season for 2 consecutive calendar years during which that type of hunt for a season is open. If an applicant is successful in drawing a tag for a season for a species or category of a species or fails to apply for a season for 2 consecutive calendar years during which that type of hunt for a season is open, the applicant loses all of his or her bonus points for that species or category of a species.

     3.  Except as otherwise provided in NAC 502.4189, a person may not use any bonus points awarded to the person for being unsuccessful in a junior hunt to apply for a drawing for a tag for any other type of hunt after the person is no longer eligible to participate in a junior hunt.

     4.  If a person is successful in obtaining a tag for a species or category of a species pursuant to NAC 502.4215, he or she must not lose any bonus point awarded to him or her for that species or category of a species.

     5.  If an applicant requests and receives a refund for the value of his or her hunting license, the Department shall not award the applicant a bonus point for any species or category of species applied for during the period that the applicant possessed the hunting license.

     6.  The Department shall not award bonus points for depredation hunts or management hunts.

     7.  As used in this section, “management hunt” means a hunt established to seek the harvest of additional wildlife within a population.

     (Added to NAC by Bd. of Wildlife Comm’rs, eff. 10-26-93; A by R168-99, 1-19-2000; R010-00, 4-3-2000; R137-03, 1-20-2004; R229-03, 3-23-2004; R126-06, 9-18-2006; R115-07, 12-4-2007; R002-11, 10-26-2011; R091-13, 12-23-2013; R113-14, 6-26-2015; R029-17, 12-19-2017)

     NAC 502.4188  Bonus points: Categories of species. (NRS 501.105, 501.181, 502.160, 502.175)

     1.  Except as otherwise provided in subsection 2, any bonus points awarded by the Department pursuant to the bonus point program must be awarded in one of the following categories of species, subspecies and gender:

     (a) Antlered mule deer;

     (b) Antlerless mule deer;

     (c) Mule deer, either antlered or antlerless;

     (d) Antlered Rocky Mountain elk;

     (e) Antlerless Rocky Mountain elk;

     (f) Rocky Mountain elk, either antlered or antlerless;

     (g) Spike Rocky Mountain elk;

     (h) Pronghorn antelope whose horns are longer than their ears;

     (i) Pronghorn antelope whose horns are shorter than their ears;

     (j) Rams, from one of the following subspecies:

          (1) Nelson bighorn sheep;

          (2) California bighorn sheep; or

          (3) Rocky Mountain bighorn sheep;

     (k) Ewes, from one of the following subspecies:

          (1) Nelson bighorn sheep;

          (2) California bighorn sheep; or

          (3) Rocky Mountain bighorn sheep;

     (l) Mountain goats;

     (m) Black bears; or

     (n) Moose.

     2.  Bonus points awarded by the Department pursuant to the bonus point program for wild turkey hunts must be awarded by hunt number.

     (Added to NAC by Bd. of Wildlife Comm’rs by R168-99, eff. 1-19-2000; A by R180-01, 4-3-2002; R126-06, 9-18-2006; R002-11, 10-26-2011; R091-13, 12-23-2013; R029-17, 12-19-2017)

REVISER’S NOTE.

      The regulation of the Board of Wildlife Commissioners filed with the Secretary of State on January 19, 2000 (LCB File No. R168-99), the source of NAC 502.4188 (section 6 of the regulation), contains the following provisions not included in NAC:

      “Sec. 42.  1.  Except as otherwise provided in this section, the Division of Wildlife [now the Department of Wildlife] shall convert any bonus points that a person has accumulated pursuant to the bonus point program before the effective date of this regulation [January 19, 2000] into bonus points for a category of a species set forth in section 6 of this regulation [NAC 502.4188] by separating the bonus points accumulated into bonus points for a particular category of a species except that the maximum number of bonus points converted into a particular category of a species must not exceed the number of years that the bonus point program has been in existence.

      2.  The Division of Wildlife [now the Department of Wildlife] shall not convert any bonus points that a person has accumulated before the effective date of this regulation [January 19, 2000] for wild turkey, swan and depredation hunts for special seasons.”

 

     NAC 502.4189  Bonus points: Use; transfer; applications by group for certain tags; junior hunts. (NRS 501.105, 501.181, 502.160, 502.175)

     1.  Each applicant in a drawing for a tag for a season receives a number of additional draw numbers that is equal to the number of bonus points that he or she has accumulated squared, as expressed in the following equation:

 

n=b2

 

where “n” is the number of additional draw numbers and “b” is the number of bonus points. The number of additional draw numbers determines the number of draw numbers for the species or category of the species for which the application was submitted. The applicant’s lowest randomly assigned draw number is the number used for the drawing.

     2.  Except as otherwise provided in subsection 5, bonus points accumulated by a person for a species or category of species cannot be transferred to any other person or any other species or category of species.

     3.  Any bonus points accumulated by an applicant automatically transfer with the applicant if the applicant changes his or her state of residence. Bonus points transferred pursuant to this subsection apply to the same species or category of species to which they applied before the transfer.

     4.  The number of bonus points applicable to applications submitted by a group pursuant to NAC 502.4185 for tags is the quotient of the total number of points held by the members of the group divided by the number of members in the group, rounded to the nearest whole number.

     5.  If a person has applied for a junior hunt for deer for 5 years or becomes ineligible to participate in a junior hunt for deer because of his or her age, each unused bonus point accumulated by that person for a junior hunt for deer automatically transfers to the category for antlered mule deer. The provisions of this subsection do not apply to a bonus point accumulated by the person for a junior hunt for deer in a year in which the person also accumulated a bonus point in the category for antlered mule deer.

     (Added to NAC by Bd. of Wildlife Comm’rs, eff. 10-26-93; A by R040-98, 5-27-98; R139-98, 11-13-98; R168-99, 1-19-2000; R010-00, 4-3-2000; R137-03, 1-20-2004; R115-07, 12-4-2007; R150-09, 6-30-2010; R160-12, 12-20-2012; R104-16, 12-21-2016)

REVISER’S NOTE.

      The regulation of the Board of Wildlife Commissioners filed with the Secretary of State on June 30, 2010 (LCB File No. R150-09), which amended this section, contains the following provisions not included in NAC:

      “If a person who is ineligible to participate in a junior hunt because of his or her age or the number of years for which the person has applied for a junior hunt becomes eligible to participate in a junior hunt pursuant to the amendatory provisions of this regulation, the Department of Wildlife shall:

      1.  Reinstate to the category for the junior hunt each unused bonus point accumulated by that person and automatically transferred pursuant to subsection 4 of NAC 502.4189 before June 30, 2010;

      2.  Reduce the number of bonus points in the category for antlered mule deer by the number of bonus points transferred pursuant to subsection 1; and

      3.  Retain in the category for antlered mule deer each bonus point which was earned by the person before June 30, 2010, for each unsuccessful application for the issuance of a tag to hunt mule deer.”

 

     NAC 502.41895  Bonus points: Electronic submission of application under certain circumstances. (NRS 501.105, 501.181, 502.160)  An eligible applicant who has submitted an application for a tag, permit or bonus point for a species or category of species and who withdraws the application pursuant to subsection 1 of NAC 502.4183 or who fails to submit an application for a species or category of species may, within 7 days after the deadline for the draw, electronically submit an application for a bonus point for that species or category of species.

     (Added to NAC by Bd. of Wildlife Comm’rs by R155-09, eff. 4-20-2010)

     NAC 502.419  Third-party errors. (NRS 501.105, 501.181, 502.160)

     1.  The Department is not responsible for third-party errors, including those of a bank. If an applicant to obtain a tag, permit or bonus point proves to the satisfaction of the Department that the rejection of his or her application was due solely to a third-party error, and there is sufficient time to complete the processing of the application before the drawing for which the application was submitted, the Department shall include the application in the procedure for awarding tags.

     2.  If the application of an applicant who is entitled to participate in a bonus point program is not entered into that drawing solely because of a third-party error, and the applicant fails to obtain a tag to participate in a hunt during the year the application was submitted, the applicant is entitled to a bonus point for the species or the category of the species for which the application was submitted.

     3.  As used in this section, “third-party error” means the failure to act or commission of an act, by a person or entity other than the Department or an applicant to obtain a tag, permit or bonus point which provides a ground for rejecting an application pursuant to NAC 502.418.

     (Added to NAC by Bd. of Wildlife Comm’rs, eff. 3-7-91; A 10-26-93; 10-12-94; R168-99, 1-19-2000; R029-17, 12-19-2017)

     NAC 502.4195  Error by Department. (NRS 501.105, 501.181, 502.160)

     1.  If the Department commits an error which results in the rejection or incorrect processing of an application to obtain a tag that has been submitted in compliance with the regulations of the Commission, the Department shall, until the close of the season, issue the remaining tags applied for and then, if there are no further tags available, the Department may exceed its quota for the type of hunt to which the application pertains.

     2.  The Department shall issue a tag for a season to an applicant who, because the applicant was assigned a low draw number, would have been awarded a tag in the drawing to which his or her application pertains if not for the error of the Department specified in subsection 1.

     3.  If the Department confirms an error on a rejected or incorrectly processed application for a tag after the close of all the seasons, the Department shall award that applicant a bonus point for the species or the category of the species for which the application was submitted. The bonus point is not effective until the next drawing for that hunt. The Department must receive notification of the error before the expiration of the period for submission of applications for the same hunt in the next open season. If the application was one of two or more applications submitted by a group of persons applying as a party for deer tags, the Department shall treat the applicant the same as the remaining members of his or her party.

     4.  If the Department confirms an error on a rejected or incorrectly processed application for a bonus point after the close of all the seasons, the Department shall award that applicant a bonus point for the species or the category of species for which the application was submitted. The bonus point is not effective until the next drawing for that hunt. The Department must receive notification of the error before the expiration of the period for submission of applications for the same hunt in the next open season.

     (Added to NAC by Bd. of Wildlife Comm’rs, eff. 3-7-91; A 4-14-92; 10-26-93; 10-12-94; R168-99, 1-19-2000; R137-03, 1-20-2004; R229-03, 3-23-2004)

     NAC 502.4196  Computer contaminant, power outage, interruption of Internet service, malfunctioning of computer application or database of Department’s Internet website or other similar event. (NRS 501.105, 501.181, 501.337, 502.160, 502.175)

     1.  Except as otherwise provided in NAC 502.419 and 502.4195, if the Department experiences a computer contaminant, power outage, interruption of Internet service, malfunctioning of a computer application or database of the Internet website of the Department or other similar event that prevents the receipt by the Department of an application submitted electronically for a tag, permit or bonus point for a species or category of species during the application period established by the Commission, the Director may extend that period by not more than 5 days or, with the approval of the Commission, by more than 5 days.

     2.  As used in this section, “computer contaminant” has the meaning ascribed to it in NRS 205.4737.

     (Added to NAC by Bd. of Wildlife Comm’rs by R051-11, eff. 3-9-2012; A by R029-17, 12-19-2017)

     NAC 502.4205  Computerized system of drawing; bonus point program. (NRS 501.105, 501.181, 502.160, 502.175)

     1.  Except for damage compensation tags issued pursuant to NAC 502.424 to 502.4268, inclusive, special incentive elk tags issued pursuant to NAC 502.42253 to 502.42283, inclusive, emergency depredation hunt tags and tags awarded pursuant to NAC 502.4215, the Department shall award a tag or permit for a season through a random order of selection conducted pursuant to a computerized system of drawing. The selection must begin with a number established by the hours, minutes, seconds and hundredths of a second set forth on the clock of the computer immediately before commencing the drawing.

     2.  Each drawing to award tags or permits for a season is subject to the bonus point program for eligible applicants. The applicant has the burden of proving his or her eligibility to participate in the bonus point program if the records of the Department fail to confirm that eligibility.

     (Added to NAC by Bd. of Wildlife Comm’rs, eff. 3-7-91; A 10-26-93; 10-12-94; 11-14-97; R168-99, 1-19-2000; R106-02, 1-21-2003; R137-03, 1-20-2004; R113-14, 6-26-2015; R029-17, 12-19-2017)

     NAC 502.4208  Posting results of computerized drawings. (NRS 501.105, 501.181, 502.160, 502.175)

     1.  The Department shall post, on an Internet website that is operated or administered by or on behalf of the Department, the results of a computerized drawing for tags or permits not later than 48 hours after the completion of the drawing.

     2.  For the purpose of calculating the 48-hour period pursuant to subsection 1, each drawing shall be deemed to have been completed at 5 p.m. on the day of the drawing.

     (Added to NAC by Bd. of Wildlife Comm’rs by R040-09, eff. 10-27-2009)

     NAC 502.421  Alternate list; procedure to refill quota. (NRS 501.105, 501.181, 502.160, 502.175, 502.219)

     1.  The Department shall cause the computer to generate an alternate list for tags after the drawing for a hunt is completed. An alternate list must consist solely of each applicant who indicated on his or her electronic application for a tag pursuant to NAC 502.4175 a desire to be placed on the list. Even if the first person selected for an alternate list has the same drawing number as the last person selected to receive a tag in the drawing, the Department shall accept those selections as final.

     2.  If the return of tags pursuant to NAC 502.422 or 502.42695 reduces the number of tags awarded for an area and season to less than the quota for that area and season, the Department shall refill the quota by awarding tags from the alternate list, unless there are fewer than 14 business days remaining until the opening day for that season.

     3.  Except as otherwise provided in subsection 4, in awarding tags from an alternate list for a hunt, the Department shall issue the tag to the eligible applicant appearing on the list who:

     (a) Has the drawing number with the highest priority; and

     (b) Indicated as the applicant’s first choice the area and season for which the quota is being filled.

     4.  If the Department is unable to collect any fee that is required to be submitted with an application for a hunting license or tag because the method of payment is rejected during the processing of the fee for the license or tag, the Department shall, if more than 14 business days remain until the opening day for the hunt, select an eligible applicant from the alternate list for the hunt and season who:

     (a) Has the drawing number with the highest priority; and

     (b) Has indicated as his or her first choice the area and season for which the quota is being filled.

     5.  Eligible applicants will be displayed on the alternate list as individual persons even though they applied for tags as a party in the draw. The order in which such persons are displayed on the alternate list is random and final.

     6.  The Department shall maintain a record of each applicant selected from an alternate list pursuant to this section.

     7.  As used in this section, “drawing number” means a number assigned by the computer to an application to denote the priority it will receive in a drawing.

     (Added to NAC by Bd. of Wildlife Comm’rs, eff. 3-7-91; A 10-12-94; R133-01, 12-17-2001, eff. 1-1-2002; R137-03, 1-20-2004; R156-05, 2-23-2006; A by Dep’t of Wildlife by R110-11, 3-9-2012; A by Bd. of Wildlife Comm’rs by R159-12, 12-20-2012; R029-17, 12-19-2017)

     NAC 502.4215  Application for tags remaining after issuance of tags by computerized system and alternate list. (NRS 501.105, 501.181, 502.160)  After tags have been issued for a season by using the computerized system of drawing and alternate list, the Department shall provide all eligible hunters with an opportunity to apply for any remaining tags electronically. The Department shall act upon applications for those tags in the order received.

     (Added to NAC by Bd. of Wildlife Comm’rs, eff. 3-7-91; A 10-26-93; R137-03, 1-20-2004; R113-14, 6-26-2015)

     NAC 502.422  Cancellation of tag issued in error; return of tag; provision of refund. (NRS 501.105, 501.181, 502.160, 502.219, 502.250)

     1.  The Department may cancel a tag and provide a refund if the Department issues the tag in error.

     2.  The Department shall provide a refund if the holder of a tag:

     (a) Or a person to whom the holder is related within the third degree of consanguinity or affinity dies, as verified by a certificate of death;

     (b) Or a person to whom the holder is related within the third degree of consanguinity or affinity incurs a disability, as verified in writing by a physician, which prevents him or her from hunting during the season for which the tag was issued;

     (c) Is serving in the Armed Forces of the United States and is transferred, as verified by a copy of his or her orders or other proof satisfactory to the Department, to a location which makes it impracticable for the holder to hunt in the area for which the tag was issued; or

     (d) Is a recipient of a Dream Tag issued pursuant to NRS 502.219 and returns the drawn tag to the Department pursuant to NAC 502.42695,

Ê and, except as otherwise provided in NAC 502.336, his or her tag is received by the Department at least 1 business day before the opening day of the season for which the tag was issued. If the holder obtained his or her hunting license with his or her tag, the hunting license may be returned with the tag.

     3.  If a refund is provided pursuant to subsection 1 or 2, the Department shall:

     (a) Return all the fees submitted with the application for the tag except the fees required pursuant to NRS 502.253 and NAC 502.331; and

     (b) Except as otherwise provided in subsection 2 of NAC 502.4225, treat the recipient of the refund, with respect to his or her eligibility to obtain a tag and to be awarded a bonus point, as if the tag had not been issued and the applicant was unsuccessful.

     4.  If a tag for any subspecies of bighorn sheep or mountain goat is returned for a reason other than the reasons set forth in subsection 1 or 2, the Department shall:

     (a) If the tag is received not later than July 15, return all the fees submitted with the application for the tag except the fees required pursuant to NRS 502.253 and NAC 502.331; and

     (b) Except as otherwise provided in subsection 2 of NAC 502.4225, treat the recipient of the refund, with respect to his or her eligibility to obtain a tag and to be awarded a bonus point, as if the tag had not been issued and the applicant was unsuccessful.

     5.  If a tag for antelope, bighorn sheep, mountain goat, bear, turkey, deer, moose or elk is returned for a reason other than the reasons set forth in subsection 1 or 2, and if the tag is received at least 1 business day before the opening day of the season for which the tag was issued, the Department:

     (a) Shall, except as otherwise provided in subsection 2 of NAC 502.4225, treat the applicant, with respect to his or her eligibility to obtain a tag and to be awarded a bonus point, as if the tag had not been issued and the applicant was unsuccessful; and

     (b) Shall not return any fee paid for the tag.

     6.  Except as otherwise provided in NAC 502.421, the Department is not required to refill a quota for the issuance of tags if the application of this section reduces the number of tags issued to less than a quota.

     (Added to NAC by Bd. of Wildlife Comm’rs, eff. 3-7-91; A 10-26-93; 10-12-94; R114-05, 10-31-2005; R156-05, 2-23-2006; R068-08, 8-26-2008; A by Dep’t of Wildlife by R110-11, 3-9-2012; A by Bd. of Wildlife Comm’rs by R159-12, 12-20-2012; R029-17, 12-19-2017)

     NAC 502.4225  Refund of fee for hunting license. (NRS 501.105, 501.181, 502.160)

     1.  An applicant who fails to obtain a tag may obtain a refund of the fee for his or her hunting license if the license is not a combination hunting and fishing license, the applicant purchased the license during the year in which he or she submitted the application for the tag and the applicant:

     (a) Purchased the license solely to apply for a tag;

     (b) Does no hunting under the authority of the license; and

     (c) Submits the license to the Department on or before the last weekday of August of that year. The Department shall accept the license only if it is received on or before that date.

     2.  If an applicant obtains a refund pursuant to the provisions of subsection 1, the applicant will not be awarded any bonus points as provided in NAC 502.4187.

     (Added to NAC by Bd. of Wildlife Comm’rs, eff. 3-7-91; A 10-12-94; R168-99, 1-19-2000; R114-05, 10-31-2005; R029-17, 12-19-2017)

Special Incentive Elk Tags

     NAC 502.42253  Definitions. (NRS 501.105, 501.181, 502.142, 502.160)  As used in NAC 502.42253 to 502.42283, inclusive, unless the context otherwise requires, the words and terms defined in NAC 502.42256, 502.42259 and 502.42263 have the meanings ascribed to them in those sections.

     (Added to NAC by Bd. of Wildlife Comm’rs by R057-98, eff. 9-1-98; A by R107-02, 1-21-2003; R206-08, 10-27-2009)

     NAC 502.42256  “Actual elk use area” defined. (NRS 501.105, 501.181, 502.142, 502.160)  “Actual elk use area” has the meaning ascribed to it in NRS 502.142.

     (Added to NAC by Bd. of Wildlife Comm’rs by R057-98, eff. 9-1-98)

     NAC 502.42259  “Landowner applicant” defined. (NRS 501.105, 501.181, 502.142, 502.160)  “Landowner applicant”:

     1.  Means any owner, lessee or manager of private land who supports:

     (a) The established management objective, as defined by the Department in any applicable subplan for the management of elk within the local area of the private land of the landowner applicant; and

     (b) Any elk in addition to the established management objective living on the private rangeland or private native hay meadow which are used to justify the issuance of a special incentive elk tag to the landowner applicant.

     2.  Includes the owner, lessee or manager of any native hay meadow, if the native hay meadow is:

     (a) Evaluated by the landowner applicant and the Department to determine its suitability as native habitat for elk; and

     (b) Recommended for inclusion within the private land of the landowner applicant based upon:

          (1) The desire of the landowner applicant; and

          (2) The evaluation conducted pursuant to paragraph (a).

     (Added to NAC by Bd. of Wildlife Comm’rs by R057-98, eff. 9-1-98; A by R206-08, 10-27-2009)

     NAC 502.42263  “Special incentive elk tag” defined. (NRS 501.105, 501.181, 502.142, 502.160)  “Special incentive elk tag” means an elk tag that is awarded to a landowner applicant as an incentive to support:

     1.  The established management objective, as defined by the Department in any applicable subplan for the management of elk within the local area of the private land of the landowner applicant; and

     2.  Any elk in addition to the established management objective living on the private rangeland or private native hay meadow which are used to justify the issuance of the special incentive elk tag to the landowner applicant.

     (Added to NAC by Bd. of Wildlife Comm’rs by R057-98, eff. 9-1-98; A by R206-08, 10-27-2009)

     NAC 502.42269  Denial of tag under certain circumstances. (NRS 501.105, 501.181, 502.142, 502.160)  The Department will not issue a special incentive elk tag to a person who does not currently possess a valid Nevada hunting license or who is not eligible to receive an elk tag pursuant to NAC 502.405.

     (Added to NAC by Bd. of Wildlife Comm’rs by R057-98, eff. 9-1-98)

     NAC 502.42273  Persons not eligible for tag. (NRS 501.105, 501.181, 502.142, 502.160)

     1.  The following persons are not eligible for a special incentive elk tag:

     (a) A landowner applicant who, during the same calendar year he or she applies for a special incentive elk tag, has applied for or received compensation pursuant to NRS 504.165 for damage caused by elk to the private land identified in the agreement for the special incentive elk tag.

     (b) A landowner applicant whose private land blocks reasonable access to adjacent public land and who does not agree to provide reasonable access through his or her private land to allow a person or hunting party possessing a valid elk tag to hunt elk on the adjacent public land.

     (c) An employee of the Department and the employee’s spouse or children if the employee processes the request and awards the special incentive elk tag to himself or herself or to his or her spouse or children.

     2.  If a landowner applicant:

     (a) Fails to comply with any provision that is included in the agreement made pursuant to NAC 502.42276; or

     (b) During the term of the agreement, prohibits or attempts to prohibit any hunter or hunting party holding a valid elk tag from entering or crossing the private land of the landowner applicant,

Ê the Department shall not, for 1 year after the failure or prohibition occurs, issue a special incentive elk tag to the landowner applicant.

     (Added to NAC by Bd. of Wildlife Comm’rs by R057-98, eff. 9-1-98; A by R206-08, 10-27-2009)

     NAC 502.42276  Provisions of agreement between landowner applicant and Director. (NRS 501.105, 501.181, 502.142, 502.160)  The agreement made between a landowner applicant and the Director of the Department for a special incentive elk tag must provide that:

     1.  The landowner applicant shall:

     (a) Approve a document specified by the Department in which the landowner applicant specifies how he or she shall support:

          (1) The established management objective, as defined by the Department in any applicable subplan for the management of elk within the local area of the private land of the landowner applicant; and

          (2) Any elk in addition to the established management objective living on the private rangeland or private native hay meadow which are used to justify the issuance of a special incentive elk tag to the landowner applicant;

     (b) If the private land of the landowner applicant is adjacent to public land for which access is not available except through the private land, allow access to the public land:

          (1) By a person or hunting party possessing a valid elk tag for the purpose of hunting elk on the adjacent public land; and

          (2) At a location which is determined by the landowner applicant and the Department; and

     (c) Allow an employee or other representative of the Department to enter the private land, at any date and time agreed upon by the landowner applicant and the Department, to assess elk use to determine the number of special incentive elk tags that the Department will issue pursuant to NAC 502.42279.

     2.  The Department will:

     (a) Determine the number of special incentive elk tags that it will award pursuant to NAC 502.42279; and

     (b) Assist a landowner applicant in determining the portions of his or her land that are used by elk.

     (Added to NAC by Bd. of Wildlife Comm’rs by R057-98, eff. 9-1-98; A by R206-08, 10-27-2009)

     NAC 502.42279  Award, issuance and use of tags; fees. (NRS 501.105, 501.181, 502.142, 502.160)

     1.  The Department will award special incentive elk tags based on the following formula:

 

(NP ÷ NE) × (DP ÷ 365) × (NT + TSH)

 

where:

     NP = The number of elk using the private land of the landowner applicant.

     NE = The total number of elk in the actual elk use area in which the private land is located.

     DP = The number of days the elk use the private land during the year.

     NT = The total number of antlered elk tags, excluding spike elk tags, that were issued during the previous year in the unit or units within the management area or areas in which the private land is located.

     TSH = The total number of spike elk harvested in hunts for spike elk only in the previous year in the unit or units within the management area or areas in which the private land is located.

     2.  A group of landowners, lessees or managers may apply to receive special incentive elk tags for their combined private lands. The group may allocate the tags among the members of the group at its discretion.

     3.  The issuance of special incentive elk tags will not result in a reduction of the total number of antlered elk tags, excluding spike elk tags, issued to the public during a year below the quota for antlered elk tags established by the Commission for 1997, which was 186 tags.

     4.  A special incentive elk tag is valid for both sexes of elk.

     5.  A landowner applicant to whom a special incentive elk tag is issued pursuant to this section may:

     (a) Use the tag himself or herself if the landowner applicant holds a valid hunting license issued from this State; or

     (b) Transfer the tag to another person who holds a valid hunting license issued from this State for any price upon which the parties mutually agree.

     6.  The Department will charge the same fees for a special incentive elk tag and for the processing of an application for a special incentive elk tag that are charged for an elk tag and for the processing of an application for an elk tag set forth in NRS 502.250.

     7.  An applicant who applies for a special incentive elk tag must indicate on the application the antlered elk hunt, excluding a spike elk hunt, for which he or she is applying. The Department will not issue a tag to the applicant for the hunt indicated on the application unless the Commission has established an antlered elk hunt, excluding a spike elk hunt, in the unit or units within the management area or areas in which the private land is located.

     8.  The Department will indicate on each special incentive elk tag it issues pursuant to this section the period during which the tag is valid and the unit or units within the management area or areas in which the private land is located for which the tag is valid.

     9.  A person possessing a valid special incentive elk tag shall hunt only:

     (a) During the period indicated on the tag issued pursuant to this section, which may only coincide with an antlered elk hunt, excluding a spike elk hunt, established by the Commission;

     (b) With the weapon designated for that hunt; and

     (c) In the unit or units within the management area or areas in which the private land is located, as indicated on the tag.

     (Added to NAC by Bd. of Wildlife Comm’rs by R057-98, eff. 9-1-98; A by R104-99, 10-27-99; R085-00, 9-25-2000; R030-15, 10-27-15)

     NAC 502.42283  Arbitration panel; procedure for filing claim. (NRS 501.105, 501.181, 502.142, 502.160)

     1.  The Commission may either serve as the arbitration panel or appoint an arbitration panel to:

     (a) Decide a dispute between a landowner applicant and the Department concerning the number of special incentive elk tags that the Department should award; or

     (b) Determine whether a party who possesses a special incentive elk tag has adhered to the terms of the agreement entered into to obtain the tag.

     2.  The Commission, or the arbitration panel appointed by the Commission, will:

     (a) Review the evidence submitted by a claimant and the Department before making a determination; and

     (b) Render a decision in an expeditious manner, but not later than July 1 within the year following the date on which the claim is filed.

     3.  The decision of the Commission, or the arbitration panel appointed by the Commission, is final and binding on the parties for the purpose of judicial review if it complies with the provisions of NAC 502.42253 to 502.42283, inclusive, and applicable laws of this State.

     4.  The Commission will set forth the procedure for filing a claim and the process under which a claim must be resolved through arbitration.

     (Added to NAC by Bd. of Wildlife Comm’rs by R057-98, eff. 9-1-98; A by R031-15, 6-28-2016)

Restricted Nonresident Deer Tags

     NAC 502.423  Definitions. (NRS 501.105, 501.181, 502.160)  As used in NAC 502.423 to 502.4238, inclusive, unless the context otherwise requires, the words and terms defined in NAC 502.42303 to 502.42307, inclusive, have the meanings ascribed to them in those sections.

     (Added to NAC by Bd. of Wildlife Comm’rs, eff. 10-12-94; A 11-14-97; R054-04, 8-25-2004; R029-17, 12-19-2017)

     NAC 502.42303  “Federal land management agency” defined. (NRS 501.105, 501.181, 502.160)  “Federal land management agency” means the United States Forest Service, the United States Bureau of Land Management, the United States Fish and Wildlife Service or the National Park Service.

     (Added to NAC by Bd. of Wildlife Comm’rs by R054-04, eff. 8-25-2004)

     NAC 502.42305  “Restricted nonresident deer hunt” defined. (NRS 501.105, 501.181, 502.160)  “Restricted nonresident deer hunt” has the meaning ascribed to it in NRS 502.146.

     (Added to NAC by Bd. of Wildlife Comm’rs, eff. 11-14-97)

     NAC 502.42306  “Restricted nonresident deer hunter” defined. (NRS 501.105, 501.181, 502.160)  “Restricted nonresident deer hunter” has the meaning ascribed to it in NRS 502.146.

     (Added to NAC by Bd. of Wildlife Comm’rs, eff. 11-14-97)

     NAC 502.42307  “Restricted nonresident deer tag” defined. (NRS 501.105, 501.181, 502.160)  “Restricted nonresident deer tag” has the meaning ascribed to it in NRS 502.146.

     (Added to NAC by Bd. of Wildlife Comm’rs, eff. 11-14-97)

     NAC 502.42309  Applicability. (NRS 501.105, 501.181, 502.160)  The provisions of NAC 502.423 to 502.4238, inclusive, apply to the processing of applications for restricted nonresident deer tags pursuant to NRS 502.146 to 502.149, inclusive.

     (Added to NAC by Bd. of Wildlife Comm’rs, eff. 11-14-97; A by R029-17, 12-19-2017)

     NAC 502.4231  Electronic application for tag; required statements. (NRS 501.105, 501.181, 501.337, 502.030, 502.148, 502.160, 502.175, 502.250)

     1.  In addition to the provisions of NAC 502.199 and 502.4175, a person who wishes to obtain a restricted nonresident deer tag must submit an electronic application provided by the Department.

     2.  In addition to the provisions of subsection 1, if an application is submitted by a master guide for the applicant, the application must include the following statements which must be acknowledged and attested to by the master guide:

     (a) A statement indicating that the applicant is entitled to the issuance of a restricted nonresident deer tag pursuant to the laws of this State;

     (b) A statement indicating that the master guide has power of attorney to sign the application on behalf of the applicant; and

     (c) A statement indicating whether the master guide will be guiding on federally administered public lands and, if so, indicates that the master guide possesses a valid special use permit issued by the federal land management agency having jurisdiction within the wildlife management area or unit for which the applicant is applying.

     (Added to NAC by Bd. of Wildlife Comm’rs, eff. 10-12-94; A by R139-98, 11-13-98; R168-99, 1-19-2000; R133-01, 12-17-2001, eff. 1-1-2002; R137-03, 1-20-2004, eff. 3-1-2004; R054-04, 8-25-2004; R155-09, 4-20-2010; R051-11, 3-9-2012; R159-12, 12-20-2012; R029-17, 12-19-2017)

     NAC 502.4233  Master guide: License; special use permit. (NRS 501.105, 501.181, 502.148, 502.149)  At the time an application for a nonresident deer tag is submitted, the master guide who will accompany the restricted nonresident deer hunter on the restricted nonresident deer hunt must:

     1.  Be licensed by the Department to provide guide services related to deer hunting in the wildlife management area or unit for which the applicant is applying; and

     2.  If applicable, possess a valid special use permit required by the federal land management agency having jurisdiction within the wildlife management area or unit for which the applicant is applying.

     (Added to NAC by Bd. of Wildlife Comm’rs, eff. 10-12-94; A by R054-04, 8-25-2004)

     NAC 502.4235  Rejection or prohibited submission of application for tag. (NRS 501.105, 501.181, 501.337, 502.148, 502.160, 502.175)  In addition to the provisions of NAC 502.199, 502.4175 and 502.418, the Department shall reject an application for a restricted nonresident deer tag or prohibit a person from submitting the application if:

     1.  The applicant or the master guide fails to acknowledge a statement indicating that the applicant is entitled to the issuance of the restricted nonresident deer tag under the laws of this State.

     2.  The applicant or the master guide fails to submit the fees required pursuant to NAC 502.4175.

     3.  The master guide named in the application:

     (a) Is not licensed for each wildlife management area or unit named in the application;

     (b) Fails to specify or incorrectly specifies on the application the number of his or her current master guide license; or

     (c) If applicable, does not possess a valid special use permit required by the federal land management agency having jurisdiction within the wildlife management area or unit for which the applicant is applying.

     4.  The applicant and the master guide named in the application are the same person.

     5.  The applicant holds a license as a subguide issued by the Department which authorizes the applicant to guide for deer in the wildlife management area or unit for which he or she is applying for a restricted nonresident deer tag.

     (Added to NAC by Bd. of Wildlife Comm’rs, eff. 10-12-94; A 1-19-96; 5-7-96; 3-13-97; 11-14-97; R139-98, 11-13-98; R168-99, 1-19-2000; R133-01, 12-17-2001, eff. 1-1-2002; R025-03, 10-30-2003; R137-03, 1-20-2004; R054-04, 8-25-2004; R117-07, 12-4-2007; R155-09, 4-20-2010; R051-11, 3-9-2012; R029-17, 12-19-2017)

     NAC 502.4236  Members of party: Effect of rejection of application of one member. (NRS 501.105, 501.181, 502.148, 502.160)

     1.  If the Department is required pursuant to NAC 502.418 or 502.4235 to reject an application submitted by a member of a party, the Department is not required to reject the applications of the other members of the party unless the ground for rejecting that application also applies to the other applications.

     2.  As used in this section, “party” means two or more persons who apply as a group for tags for a restricted nonresident deer hunt.

     (Added to NAC by Bd. of Wildlife Comm’rs, eff. 11-14-97; A by R029-17, 12-19-2017)

     NAC 502.4237  Drawing for tags: Notification; restrictions. (NRS 501.105, 501.181, 502.147, 502.160)

     1.  If the Department conducts a drawing for the issuance of restricted nonresident deer tags pursuant to the provisions of NRS 502.147, the Department shall provide to the master guides specified on the applications submitted notification of the date, time and location of the drawing.

     2.  Not more than 30 successfully drawn applications for restricted nonresident deer tags upon which the same master guide is named may be granted by the Department. If 30 such applications have been approved by the Department, the Department shall deny all applications submitted which exceed that number.

     3.  An applicant who submits an application pursuant to this subsection:

     (a) May not apply for a nonresident deer tag in the main drawing in the same year.

     (b) May apply for a nonresident deer tag in the Partnership in Wildlife Drawing and the Silver State Tag Drawing in the same year.

     (Added to NAC by Bd. of Wildlife Comm’rs, eff. 10-12-94; A 1-19-96; R137-03, 1-20-2004; R156-05, 2-23-2006, eff. 1-1-2007; R140-16, 9-21-2017; R029-17, 12-19-2017)

     NAC 502.4238  Refunds; loss of master guide; award of tags from alternate list; records of Department. (NRS 501.105, 501.181, 502.148, 502.149, 502.160, 502.250)

     1.  If a master guide of a holder of a restricted nonresident deer tag dies or is no longer able to provide guide services due to medical reasons, because he or she has failed to renew his or her master guide license or the license has been revoked, the holder of the tag for whom guide service was to be performed by the master guide may apply to the Department for a refund or may retain another master guide who is licensed for the area or unit specified on the tag. Before another master guide may render services as a master guide for the holder of the tag, and before the holder may participate in the restricted nonresident deer hunt for which the tag was issued, the holder of the tag must provide written notification to the Department that he or she has retained another master guide. The written notification must include:

     (a) The reasons for retaining the services of another master guide;

     (b) The signatures of the holder of the tag and the new master guide and the date on which the written notification was signed; and

     (c) The number of the master guide license of the newly retained master guide.

     2.  If the Department provides a refund pursuant to this section, the Department shall return all the fees submitted with the application for the tag.

     3.  Except as otherwise provided in subsection 4, in awarding restricted nonresident deer tags from an alternate list, the Department shall issue the tag to the eligible applicant on the list:

     (a) Whose master guide designated on the application for the restricted nonresident deer tag is not named on more than 30 successfully drawn applications pursuant to NAC 502.4237 and is able to accompany the applicant in the field;

     (b) Who has the drawing number with the highest priority; and

     (c) Who has indicated as the applicant’s first choice the area and season for which the quota for the restricted nonresident deer hunt is being filled.

     4.  If the Department is unable to collect any fee that is required to be submitted with an application for a hunting license or restricted nonresident deer tag because the method of payment is rejected during the processing of the fee for the license or restricted nonresident deer tag, the Department shall, if more than 14 business days remain until the opening day for the restricted nonresident deer hunt and if the master guide designated on the application for the restricted nonresident deer tag is not named on more than 30 successfully drawn applications pursuant to NAC 502.4237, select an eligible applicant from the alternate list for the restricted nonresident deer hunt who:

     (a) Has the drawing number with the highest priority; and

     (b) Indicated as his or her first choice the area and season for which the quota for the restricted nonresident deer hunt is being filled.

     5.  The Department shall maintain a record of each applicant selected from an alternate list pursuant to this section.

     (Added to NAC by Bd. of Wildlife Comm’rs, eff. 10-12-94; A 11-14-97; R168-99, 1-19-2000; R133-01, 12-17-2001, eff. 1-1-2002; R155-09, 4-20-2010; R159-12, 12-20-2012; R029-17, 12-19-2017)

Damage Compensation Tags

     NAC 502.424  Definitions. (NRS 501.105, 501.181, 502.145, 502.160)  As used in NAC 502.424 to 502.4268, inclusive, unless the context otherwise requires:

     1.  “Damage” means a change, caused by deer or antelope, in the quality or quantity of private property that, at the time the Department inspects the private property, is planted, irrigated or otherwise cultivated to produce a harvestable crop.

     2.  “Damage compensation tag” means a special deer or antelope tag issued to an owner applicant for his or her own use, or for use by a hunter designated by the owner applicant, as compensation for damage to his or her land or to improvements on his or her land which is caused by deer or antelope.

     3.  “Owner applicant” means:

     (a) The owner of private land, as identified in the deed of the private land which is recorded with the county recorder of the county in which the property is located, who claims that his or her private land was damaged by deer or antelope; or

     (b) A person who has obtained written authorization from the owner described in paragraph (a) to represent the owner regarding matters concerning damage compensation tags before the Department, including, without limitation, a lessee or manager of the private land.

     (Added to NAC by Bd. of Wildlife Comm’rs, eff. 7-16-92; A 10-26-93, eff. 10-1-93; 11-29-95; R113-01, 12-17-2001; R030-06, 6-1-2006)

     NAC 502.4242  “Any holder of a valid Nevada hunting license” interpreted. (NRS 501.105, 501.181, 502.145, 502.160)  For the purposes of subsection 4 of NRS 502.145, the Commission will interpret “any holder of a valid Nevada hunting license” to mean a person who currently holds a valid Nevada hunting license and who has not had any hunting privileges limited or revoked pursuant to NRS 502.330 or 503.185, or NAC 502.405, or a similar statute or regulation of another state.

     (Added to NAC by Bd. of Wildlife Comm’rs, eff. 7-16-92)

     NAC 502.4244  Ineligible persons. (NRS 501.105, 501.181, 502.145, 502.160)

     1.  The following persons are not eligible for damage compensation tags:

     (a) An owner applicant who feeds or baits deer or antelope to attract the animals onto his or her land; and

     (b) An owner applicant who sustains damage which is a covered loss pursuant to a policy of insurance.

     2.  An employee of the Department and his or her family may not purchase or use a damage compensation tag resulting from a complaint serviced directly by the employee.

     (Added to NAC by Bd. of Wildlife Comm’rs, eff. 7-16-92; A 11-29-95)

     NAC 502.4246  Requirements for eligibility; requests regarding damage to separate locations. (NRS 501.105, 501.181, 502.145, 502.160)

     1.  To be eligible for the issuance of a damage compensation tag, an owner applicant must:

     (a) Have sustained damage to his or her private property caused by deer or antelope;

     (b) In accordance with the requirements set forth in NAC 502.4252, notify the Department of any damage within 10 days after discovering it;

     (c) Enter into a cooperative agreement with the Department which complies with the requirements set forth in NAC 502.4248;

     (d) Submit an application for a damage compensation tag which includes, without limitation:

          (1) A form which sets forth any proof of the damage claimed by the owner applicant;

          (2) A map which identifies the location on the private land at which the owner applicant will provide access to public land, if applicable; and

          (3) The cooperative agreement entered into with the Department which is signed by the owner applicant and the Department;

     (e) Cooperate with the Department in inspecting the damage and formulating a plan to prevent or mitigate the damage;

     (f) Mitigate damages where possible and not feed or bait deer or antelope to attract the animals onto his or her land;

     (g) Comply with the requirements of NAC 502.424 to 502.4268, inclusive.

     2.  A separate application must be made, and a separate cooperative agreement must be entered into, for each request for one or more damage compensation tags made with regard to each separate location on the property of the owner applicant at which damage was sustained.

     (Added to NAC by Bd. of Wildlife Comm’rs, eff. 7-16-92; A 11-29-95; R010-00, 4-3-2000; R030-06, 6-1-2006)

     NAC 502.4248  Cooperative agreement with Department. (NRS 501.105, 501.181, 502.145, 502.160)

     1.  A cooperative agreement entered into pursuant to NAC 502.4246 must provide that:

     (a) If the owner applicant’s private land is adjacent to public land for which access is not available except through the private land, the owner applicant shall provide access to the public land during the hunting season to a person or hunting party with a tag for the purpose of hunting on the public land. The access may be at a specified location or locations as mutually agreed upon by the owner applicant and the Department and must be identified on the map provided by the Department which is required to be submitted with the application for a damage compensation tag pursuant to subparagraph (2) of paragraph (d) of subsection 1 of NAC 502.4246.

     (b) When the Department receives a notice from the owner applicant, the Department agrees to act expeditiously to:

          (1) Consult with the owner applicant;

          (2) Assess the cause of damage;

          (3) Conduct a count of any depredating animals; and

          (4) Recommend a course of action to mitigate damages.

     (c) The owner applicant agrees to:

          (1) Consult with the Department and consider its technical advice; and

          (2) Allow a representative of the Department to enter his or her property at times mutually agreed upon to:

               (I) Inspect the property;

               (II) Assess the cause of damage;

               (III) Count the number of any depredating animals; and

               (IV) Prevent further damage by any method the Department deems to be necessary, including, but not limited to, hazing, hunting, shooting and scaring.

     2.  If the owner applicant stops or attempts to stop any hunter holding a tag from entering or crossing his or her private land in violation of paragraph (a) of subsection 1 before the expiration of the agreement, the Department must refuse to issue any damage compensation tags to the owner applicant for 1 year.

     (Added to NAC by Bd. of Wildlife Comm’rs, eff. 7-16-92; A 10-26-93, eff. 10-1-93; 11-29-95; R113-01, 12-17-2001; R030-06, 6-1-2006)

     NAC 502.4252  Notice of damage; inspection of property; assessment and proof of damage. (NRS 501.105, 501.181, 502.145, 502.160)

     1.  A notice of damage submitted to the Department pursuant to paragraph (b) of subsection 1 of NAC 502.4246 must include, without limitation, the following information:

     (a) The name and any contact information of the owner applicant;

     (b) The location of the private land and any name or other description of the private land;   

     (c) The date on which the damage was discovered; and

     (d) A description of the damage caused to the private land, including, without limitation, the estimated number of animals, designated by each species of animal, that caused the damage.

     2.  Within 10 days after the Department receives a notice of damage, the Department shall inspect the property claimed to have been damaged.

     3.  After the inspection by the Department pursuant to subsection 2:

     (a) The Department shall:

          (1) Consult with the owner applicant;

          (2) Assess the cause of damage; and

          (3) Conduct a count of the number of any depredating animals during the period of the day in which each species of any depredating animal is the most active.

     (b) The Department and the owner applicant shall complete a form provided by the Department which sets forth any proof of damage.

     (Added to NAC by Bd. of Wildlife Comm’rs, eff. 7-16-92; A by R030-06, 6-1-2006)

     NAC 502.4258  Formulation and implementation of plan to prevent or mitigate damage. (NRS 501.105, 501.181, 502.145, 502.160)

     1.  After property that is claimed to have been damaged is inspected pursuant to NAC 502.4252, the Department and the owner applicant shall formulate a plan, if possible, to prevent or mitigate damage caused by the deer or antelope, including, but not limited to:

     (a) Hazing and scaring;

     (b) Erecting exclusionary devices;

     (c) Issuing special depredation or emergency depredation hunt tags; or

     (d) Removing the animals that are causing the damage.

     2.  Each owner applicant shall implement the plan formulated pursuant to subsection 1, where possible, by exercising reasonable care and diligence to minimize or lessen damage.

     (Added to NAC by Bd. of Wildlife Comm’rs, eff. 7-16-92; A by R030-06, 6-1-2006)

     NAC 502.426  Issuance, validity, contents and use of tags; fees; reissuance of application; appeal of denial of application. (NRS 501.105, 501.181, 502.145, 502.160, 502.250)

     1.  If the owner applicant enters into a cooperative agreement with the Department and the Department approves the application for a damage compensation tag, the owner applicant is eligible for the issuance of one or more damage compensation tags pursuant to subsection 2.

     2.  An owner applicant is eligible for the issuance of:

     (a) One damage compensation tag for deer for each 50 deer that caused damage to his or her property; and

     (b) One damage compensation tag for antelope for each 50 antelope that caused damage to his or her property.

     3.  If the Department issues a damage compensation tag, the tag is valid for use in the calendar year after the calendar year in which the application was submitted.

     4.  The unit or units within a management area or areas for which the Department issues a damage compensation tag must be limited to the unit or units within the management area or areas in which the damaged property is located.

     5.  The Department shall indicate on each damage compensation tag it issues:

     (a) The period or periods during the calendar year for which the tag is valid, which must be limited to the hunting season or seasons, other than a hunting season for a tag issued pursuant to subsection 5 of NRS 502.250, established by the Commission for antlered mule deer or antelope with horns longer than their ears, as appropriate for the species to which the tag applies, in the unit or units within the management area or areas in which the damaged property is located and for which the tag is valid; and

     (b) The unit or units within the management area or areas in which the damaged property is located and for which the tag is valid.

     6.  A person possessing a valid damage compensation tag may hunt only:

     (a) During the period or periods indicated by the Department on the tag, as established by the Commission;

     (b) With the type of weapon designated for the type of hunt to which each such period applies, as established by the Commission; and

     (c) In the unit or units within the management area or areas established by the Commission:

          (1) In which the damaged property is located; and

          (2) For which the tag is valid.

     7.  Damage compensation tags will only be issued to owner applicants and sold to hunters through the headquarters of the Department.

     8.  The fee charged for a damage compensation tag will include:

     (a) A fee of $50 for each such tag;

     (b) A license fee based on the status of the hunter as a resident or nonresident; and

     (c) The fee specified in NAC 502.331 for acting upon each application for a tag.

     9.  If the Department provides a refund for a cancelled tag under the conditions set forth in NAC 502.422, the Department may reissue an application for a damage compensation tag to the owner applicant.

     10.  If the Department denies an application for a damage compensation tag, the owner applicant may appeal the decision to the Commission within 10 days after the Department notifies the owner applicant of the decision. A request for an appeal pursuant to this subsection must be submitted in writing to the Secretary of the Commission. As soon as practicable after receiving such a request, the Chair of the Commission will appoint a panel consisting of not less than two members of the Commission to consider the appeal. The panel shall notify the Commission in writing of its determination. If the panel is unable to make a determination, the Commission will appoint another panel to consider the appeal in accordance with this subsection. The determination of a panel appointed pursuant to this subsection is a final decision for the purposes of judicial review.

     (Added to NAC by Bd. of Wildlife Comm’rs, eff. 7-16-92; A 10-26-93, eff. 10-1-93; 11-29-95; R168-99, 1-19-2000; R113-01, 12-17-2001; R107-02, 1-21-2003; R030-06, 6-1-2006)

     NAC 502.4266  Request for additional tags: Prerequisites and procedure; effect of approval. (NRS 501.105, 501.181, 502.145, 502.160)

     1.  If the damage to an owner applicant’s property is ongoing and the number of deer or antelope causing the damage is increasing, the owner applicant may amend the proof of damage form which he or she filed with the Department pursuant to subparagraph (1) of paragraph (d) of subsection 1 of NAC 502.4246 to increase the number of damage compensation tags being requested.

     2.  If the owner applicant’s request for additional damage compensation tags is approved by the Department, the owner applicant is entitled to one or more additional damage compensation tags in accordance with the provisions of NAC 502.426.

     (Added to NAC by Bd. of Wildlife Comm’rs, eff. 7-16-92; A 10-26-93, eff. 10-1-93; 11-29-95; R030-06, 6-1-2006)

     NAC 502.4268  Receipt of tags: Effect on eligibility for general hunts; no limitation on number. (NRS 501.105, 501.181, 502.145, 502.160)

     1.  A person’s eligibility to receive a tag for the general hunt for antelope or deer is not affected by his or her acquisition of a damage compensation tag.

     2.  There is no limitation on the number of damage compensation tags that a person may acquire, if he or she is otherwise eligible for the tags.

     (Added to NAC by Bd. of Wildlife Comm’rs, eff. 7-16-92)

Dream Tags

     NAC 502.4269  “Private entity” defined. (NRS 502.219)  As used in NAC 502.4269 to 502.42696, inclusive, “private entity” means a private entity that enters into a contract pursuant to paragraph (b) of subsection 3 of NRS 502.219 to sell chances to win Dream Tags, conduct any required drawing for Dream Tags and issue Dream Tags.

     (Added to NAC by Dep’t of Wildlife by R110-11, eff. 3-9-2012)

     NAC 502.42691  Price. (NRS 502.219)  The price for each Dream Tag that the Department sells to a nonprofit organization pursuant to subsection 3 of NRS 502.219 will be an amount that is equal to the fee listed in subsection 1 of NRS 502.250 for the tag for the species for which the Dream Tag will be issued.

     (Added to NAC by Dep’t of Wildlife by R110-11, eff. 3-9-2012)

     NAC 502.42692  Resource enhancement stamps. (NRS 502.219)

     1.  At the time a resource enhancement stamp is purchased pursuant to NRS 502.222, the purchaser shall identify the person for whom the stamp is being purchased by providing:

     (a) The client number of the person; or

     (b) Any other identifying information of the person specified by the Department.

     2.  A person identified pursuant to subsection 1 is not obligated to purchase a chance to win a Dream Tag raffle.

     3.  A person identified pursuant to subsection 1 is the only person:

     (a) For whom a chance to win a Dream Tag raffle may be purchased under that resource enhancement stamp; or

     (b) Who may be a recipient of a Dream Tag via that raffle.

     4.  A resource enhancement stamp is valid:

     (a) From the date the stamp is issued until the last day of the next succeeding June; or

     (b) From the first day of July immediately after the date the stamp is issued until the last day of the next succeeding June,

Ê as specified on the stamp.

     5.  Any money paid for a chance to win a Dream Tag raffle pursuant to paragraph (a) of subsection 3 of NRS 502.219 is not refundable.

     6.  At the time a chance to win a Dream Tag raffle is purchased, the purchaser shall specify:

     (a) The species for which he or she wishes to obtain a Dream Tag; and

     (b) Whether or not the recipient of the raffle chance wishes to be an alternate recipient pursuant to subsection 2 of NAC 502.42693.

     (Added to NAC by Dep’t of Wildlife by R110-11, eff. 3-9-2012; A by Bd. of Wildlife Comm’rs by R159-12, 12-20-2012)

     NAC 502.42693  Procedure if winner of Dream Tag raffle declines Tag or if recipient returns Tag to private entity. (NRS 502.219)

     1.  If the winner of a Dream Tag raffle declines to accept the Dream Tag awarded to him or her, the private entity conducting the raffle shall not select an alternate recipient or issue the Dream Tag.

     2.  If the recipient of a Dream Tag returns the Dream Tag and it is received by the private entity not later than 14 business days before the first day of the open season for the species for which the Dream Tag was issued, the private entity shall issue the Dream Tag to the holder of the raffle chance with the drawing number with the next highest priority for that species and for whom a desire to be an alternate recipient was specified pursuant to subsection 6 of NAC 502.42692.

     3.  In issuing a Dream Tag pursuant to subsection 2, the private entity shall attempt to notify the holder of the chance to win the Dream Tag raffle with the drawing number with the next highest priority for that species. If the private entity is unable to notify the person and obtain his or her acceptance of the Dream Tag, the private entity shall bypass the person’s name in favor of the holder of the chance to win the Dream Tag raffle with the drawing number with the next highest priority for that species.

     4.  The private entity shall maintain a record of each attempt to notify a person who is selected to receive a Dream Tag pursuant to this section.

     5.  As used in this section, “drawing number” means a number assigned randomly to a chance to win a Dream Tag raffle to denote the priority the chance will receive in the raffle.

     (Added to NAC by Dep’t of Wildlife by R110-11, eff. 3-9-2012; A by Bd. of Wildlife Comm’rs by R159-12, 12-20-2012)

     NAC 502.42694  Issuance; recipient required to submit questionnaire. (NRS 502.219)

     1.  Except as otherwise provided in NAC 502.42695, and notwithstanding the provisions of NAC 502.341, 502.345, 502.361, 502.364 and 502.373, a private entity conducting a Dream Tag raffle may issue a Dream Tag at any time to a person who wins the tag in the raffle.

     2.  Each recipient of a Dream Tag shall submit the questionnaire issued as part of the Dream Tag pursuant to NAC 502.405.

     (Added to NAC by Dep’t of Wildlife by R110-11, eff. 3-9-2012)

     NAC 502.42695  Return of tag for same species for which Dream Tag was issued; exception; duties of private entity. (NRS 502.219)

     1.  Except as otherwise provided in subsection 2, a recipient of a Dream Tag who is issued a tag for the same species through a drawing for a tag for that species must return the tag to the Department before receiving the Dream Tag.

     2.  A recipient of a Dream Tag who is issued a tag for an antlerless deer, an antlerless elk or an antelope with horns shorter than its ears through a tag drawing is not required to return the tag to the Department before receiving the Dream Tag.

     3.  After conducting a Dream Tag raffle and before issuing a Dream Tag from that raffle, the private entity conducting the raffle:

     (a) Shall provide to the Department the name and residence information of the winner of the raffle; and

     (b) Shall not issue a Dream Tag to the winner of the raffle until the Department notifies the private entity that the winner is not required to return a tag to the Department pursuant to subsection 1.

     (Added to NAC by Dep’t of Wildlife by R110-11, eff. 3-9-2012)

     NAC 502.42696  Validity. (NRS 502.219)  Except as otherwise provided by an annual regulation of the Commission, a Dream Tag is valid only for a unit with an open season for the species listed on the Dream Tag, during the open season for that unit for that species and with the weapon authorized for use during that open season.

     (Added to NAC by Dep’t of Wildlife by R110-11, eff. 3-9-2012)

Partnership in Wildlife Drawing

     NAC 502.4273  Timing of Partnership in Wildlife Drawing; requirements for participation; fee; ineligibility. (NRS 501.105, 501.181, 502.160, 502.250)

     1.  The Partnership in Wildlife Drawing will occur after the Silver State Tag Drawing but before the main drawing.

     2.  A person desiring to participate in the Partnership in Wildlife Drawing must:

     (a) Indicate the desire to participate in the Partnership in Wildlife Drawing on his or her electronic application for the main drawing;

     (b) Pay a nonrefundable fee of $10 which the Department shall deposit with the State Treasurer for credit to the Wildlife Heritage Account; and

     (c) Participate solely as a single applicant in the Partnership in Wildlife Drawing.

     3.  Except as otherwise provided in subsection 3 of NAC 502.4237, a person who is ineligible to participate in the main drawing for a species or subspecies is ineligible to participate in the Partnership in Wildlife Drawing for that species or subspecies.

     (Added to NAC by Bd. of Wildlife Comm’rs by R140-16, eff. 9-21-2017)

     NAC 502.4275  Awarding of tags; alternate list; procedure to refill quota. (NRS 501.105, 501.181, 502.160, 502.250)

     1.  The Department shall award tags from the Partnership in Wildlife Drawing through a random order of selection conducted pursuant to a computerized system of drawing. The selection must begin with a number established by the hours, minutes, seconds and hundredths of a second set forth on the computer’s clock immediately before commencing the drawing.

     2.  The Department shall cause the computer to generate an alternate list, categorized by species or subspecies, after the initial selection of tag recipients in the Partnership in Wildlife Drawing. The alternate list must consist solely of each applicant who indicated a desire to be placed on an alternate list pursuant to subsection 2 of NAC 502.4175.

     3.  If the return of tags for a refund, pursuant to subsection 2 of NAC 502.422, reduces the number of tags awarded for the Partnership in Wildlife Drawing to less than the quota for the hunt for a species or subspecies, the Department shall refill the quota by awarding tags:

     (a) First, pursuant to NAC 502.4195, to applicants who were rejected because of an error by the Department; and

     (b) Second, to applicants on the alternate list, unless there are fewer than 14 business days remaining until the opening day for that hunt.

     4.  Except as otherwise provided in subsection 5, in awarding tags from an alternate list for a hunt, the Department shall select the eligible applicant appearing on the list who:

     (a) Has not received a tag for that species or subspecies in the main drawing or the Silver State Tag Drawing for that year;

     (b) Has the drawing number with the highest priority for that species or subspecies; and

     (c) Indicated on his or her application the desire to compete for that species or subspecies in the Partnership in Wildlife Drawing.

     5.  If the Department is unable to collect any fee that is required to be submitted with an application for a hunting license or tag that is awarded from the Partnership in Wildlife Drawing because the method of payment is rejected during the processing of the fee for the license or tag, the Department shall, if more than 14 business days remain until the opening day for the hunt, select an eligible applicant from the alternate list for the hunt and season who:

     (a) Has the drawing number with the highest priority; and

     (b) Indicated as the applicant’s first choice the area and season for which the quota is being filled.

     6.  The Department shall maintain a record of each applicant selected from an alternate list pursuant to this section.

     (Added to NAC by Bd. of Wildlife Comm’rs, eff. 3-28-96; A by R133-01, 12-17-2001, eff. 1-1-2002; R159-12, 12-20-2012; R140-16, 9-21-2017)

     NAC 502.428  Seasons, quotas and other conditions; error by Department. (NRS 501.105, 501.181, 502.160, 502.250)

     1.  The Commission will adopt annual regulations pursuant to NAC 502.310 to establish the seasons, quotas per species and subspecies, units and other conditions for the type of hunt in which recipients of big game tags from a Partnership in Wildlife Drawing may participate.

     2.  Tags issued through the Partnership in Wildlife Drawing will be in addition to the quotas set for the main drawing for big game tags. The Commission will set the quota of tags to be issued per species and subspecies for the Partnership in Wildlife Drawing after considering the recommendations of the Department, the county advisory boards to manage wildlife and members of the public who wish to present their views at an open meeting. Tags issued through the Partnership in Wildlife Drawing will be issued for male animals only, except for tags to hunt mountain goats which will be issued for males and females.

     3.  Except as otherwise provided in subsection 4, the annual quotas for Partnership in Wildlife tags will not exceed the following:

     (a) Deer tags:

 

          (1) Resident.....................................................................................................

                        22

          (2) Nonresident...............................................................................................

                          3

     (b) Antelope tags (resident).................................................................................

                          5

     (c) Elk tags (resident)...........................................................................................

                          3

     (d) Mountain goat tags (resident)........................................................................

                          1

     (e) Bighorn sheep tags (resident).........................................................................

                          4

     4.  If the Department commits an error which results in the rejection or incorrect processing of an application for a tag that has been submitted in compliance with the regulations of the Commission and the error is confirmed before the close of the seasons, the Department may exceed its quota for the species or subspecies to which the application pertains and issue a tag to the applicant if his or her draw number was low enough that the applicant would have been awarded a tag in the drawing to which that application pertains if the Department had not committed the error. If the Department confirms an error on a rejected or incorrectly processed application after the close of the seasons, it shall not take any action to correct the error.

     (Added to NAC by Bd. of Wildlife Comm’rs, eff. 3-28-96; A by R137-03, 1-20-2004, eff. 3-1-2004; R140-16, 9-21-2017)

     NAC 502.4285  Eligibility for tags. (NRS 501.105, 501.181, 502.160, 502.250)  The provisions of NAC 502.341, 502.345, 502.361 and 502.364, regarding a person’s eligibility to obtain tags, apply to tags obtained through a Partnership in Wildlife Drawing.

     (Added to NAC by Bd. of Wildlife Comm’rs, eff. 3-28-96; A by R141-16, 12-21-2016)

     NAC 502.429  Bonus points: No consideration in drawing; reversion to zero for successful applicant; no award to unsuccessful applicant. (NRS 501.105, 501.181, 502.160, 502.250)  The Department shall not consider bonus points as giving an applicant an increased opportunity to receive a tag in a Partnership in Wildlife Drawing. If an applicant is successful in a Partnership in Wildlife Drawing, the applicant’s bonus point total will revert to zero for the type of hunt for which he or she applied. The Department shall not award bonus points to unsuccessful applicants in a Partnership in Wildlife Drawing.

     (Added to NAC by Bd. of Wildlife Comm’rs, eff. 3-28-96)

Special Assistance Permits

     NAC 502.42903  Special assistance permit: Eligibility; application; designated licensed assistant. (NRS 501.181)

     1.  The holder of a tag issued by the Department authorizing the holder to hunt a big game mammal may apply for a special assistance permit authorizing a designated licensed assistant to assist the holder in accordance with NAC 502.42905 if the holder:

     (a) Is a paraplegic;

     (b) Has had one or both legs amputated; or

     (c) Has suffered a paralysis of one or both legs which severely impedes the holder’s walking.

     2.  An application for a special assistance permit must:

     (a) Be submitted on a form provided by the Department and must include, without limitation:

          (1) The applicant’s legal name, physical address, mailing address if different from the physical address and telephone number;

          (2) The social security number and client number of the applicant;

          (3) The class and number of the hunting license issued to the applicant in this State;

          (4) The legal name of each designated licensed assistant;

          (5) The physical mailing address and telephone number of each designated licensed assistant; and

          (6) The hunting license number and client number of each designated licensed assistant.

     (b) Include:

          (1) A statement signed by the applicant which affirms that the applicant is eligible for the special assistance permit pursuant to subsection 1; and

          (2) A signed statement from each designated licensed assistant named in the application affirming that the designated licensed assistant meets the requirements of subsection 4.

     (c) Be accompanied by a certificate issued by a licensed physician certifying that the applicant meets the requirements of subsection 1.

     3.  An applicant for a special assistance permit pursuant to this section who holds more than one tag issued by the Department authorizing the holder to hunt a big game mammal must complete a separate application for each tag. The applicant:

     (a) Is not required to use the same designated licensed assistant for each tag; and

     (b) May list more than one designated licensed assistant for each tag.

     4.  To be a designated licensed assistant, a person:

     (a) Must be 18 years of age or older;

     (b) Must hold a valid hunting license in this State;

     (c) Must not have any license, permit or privilege issued to him or her pursuant to title 45 of NRS suspended or revoked; and

     (d) Is not required to hold a tag for the big game mammal which the holder of the special assistance permit is authorized to take.

     5.  A special assistance permit issued pursuant to this section must be issued free of charge to the applicant.

     (Added to NAC by Bd. of Wildlife Comm’rs by R105-16, eff. 6-21-2017)

     NAC 502.42905  Requirements for holder of special assistance permit and designated licensed assistant while in field. (NRS 501.181)

     1.  A holder of a special assistance permit who is in the field:

     (a) Must have the special assistance permit in his or her possession; and

     (b) May be accompanied by more than one designated licensed assistant listed on his or her special assistance permit but may only be actively assisted during the hunt by one designated licensed assistant at a time.

     2.  Each designated licensed assistant in the field with the holder of a special assistance permit must have a copy of the special assistance permit in his or her possession, and must exhibit the copy of the permit upon the demand of any officer authorized to enforce the fish and game laws of this State.

     3.  A designated licensed assistant who is in the field to assist the holder of a special assistance permit during a hunt:

     (a) Must have his or her hunting license and a copy of the special assistance permit in his or her possession;

     (b) May not use a weapon other than the weapon authorized by the tag of the holder of the special assistance permit;

     (c) Except as required to perform any task authorized in paragraphs (d) and (e), must be accompanied at all times during the hunt by the holder of the special assistance permit;

     (d) May, if he or she has a good faith belief that the holder of a special assistance permit has lawfully wounded a big game mammal, discharge his or her weapon to assist in the taking of the big game mammal; and

     (e) May assist the holder of a special assistance permit in:

          (1) The validation and attachment of the tag of the holder of a special assistance permit that is required by NAC 502.390 and 502.400; and

          (2) Retrieving the big game mammal wounded or killed by the holder of a special assistance permit.

     4.  For the purposes of title 45 of NRS, if a big game mammal is harvested pursuant to the provisions of this section, the holder of the special assistance permit will be deemed to be the person who killed or harvested the big game mammal.

     5.  Except as otherwise provided in this section and NAC 502.42903, each holder of a special assistance permit and each designated licensed assistant is subject to all applicable laws and regulations relating to the type of hunt for which the holder of the special assistance permit is authorized, except those provisions which by their nature can have no application.

     (Added to NAC by Bd. of Wildlife Comm’rs by R105-16, eff. 6-21-2017)

SILVER STATE TAG DRAWING

     NAC 502.4291  Electronic application authorized for residents and nonresidents; procedure if applicant is unsuccessful in obtaining tag. (NRS 501.105, 501.181, 502.160, 502.250)

     1.  The Department shall provide an electronic application for the Silver State Tag Drawing to residents and nonresidents.

     2.  An applicant must indicate the desire to participate in the Silver State Tag Drawing on his or her application, and must participate solely as a single applicant in the Silver State Tag Drawing for a species or subspecies.

     3.  If eligible, an applicant who indicates the desire to participate on his or her application for the Silver State Tag Drawing may in the same year, if the applicant was unsuccessful in obtaining a tag in the Silver State Tag Drawing for a species or subspecies, apply for the same species or subspecies in the Partnership in Wildlife Drawing and the main drawing for a tag for that species or subspecies.

     (Added to NAC by Bd. of Wildlife Comm’rs by R196-09, eff. 4-20-2010; A by R140-16, 9-21-2017)

     NAC 502.4292  Electronic application; nonrefundable fee. (NRS 501.105, 501.181, 502.160, 502.250)  In addition to the requirements set forth in NAC 502.199 and 502.4175, a person desiring to obtain a Silver State Tag must apply to the Department on an electronic form provided by the Department pursuant to NAC 502.4291. The application must be accompanied by a nonrefundable fee of $20 for the application which, except as otherwise provided in NAC 502.4295, the Department shall deposit with the State Treasurer for credit to the Wildlife Heritage Account.

     (Added to NAC by Bd. of Wildlife Comm’rs by R196-09, eff. 4-20-2010; A by R159-12, 12-20-2012; R140-16, 9-21-2017; R029-17, 12-19-2017)

     NAC 502.4293  Eligibility to apply. (NRS 501.105, 501.181, 502.160, 502.250)  A person who is ineligible to apply for a tag pursuant to NAC 502.341, 502.345, 502.361 or 502.364 may, if he or she is otherwise eligible for the issuance of a tag, apply for a Silver State Tag for a species or subspecies specified in those sections.

     (Added to NAC by Bd. of Wildlife Comm’rs by R196-09, eff. 4-20-2010)

     NAC 502.4294  Bonus points. (NRS 501.105, 501.181, 502.160, 502.250)  The Department shall not consider bonus points as giving an applicant an increased opportunity to receive a tag in a Silver State Tag Drawing. If an applicant is successful in a Silver State Tag Drawing, his or her bonus point total will not revert to zero for the species or category of species for which he or she applied. The Department shall not award bonus points to unsuccessful applicants in a Silver State Tag Drawing.

     (Added to NAC by Bd. of Wildlife Comm’rs by R196-09, eff. 4-20-2010)

     NAC 502.4295  Seasons, quotas and other conditions; error by Department. (NRS 501.105, 501.181, 502.160, 502.250)

     1.  The Commission will adopt annual regulations pursuant to NAC 502.310 to establish the seasons, quotas per species and subspecies, units and other conditions for the type of hunt in which the recipients of big game tags from a Silver State Tag Drawing may participate. The seasons will be concurrent with the seasons established for the tags, if any, that are awarded through an auction pursuant to NRS 502.250.

     2.  Tags issued through the Silver State Tag Drawing are in addition to the quotas set for the main drawing for big game tags and the Partnership in Wildlife tags. The Commission will set the quota of tags to be issued per species and subspecies for the Silver State Tag Drawing after considering the recommendations of the Department, the county advisory boards to manage wildlife and members of the public who wish to present their views at an open meeting. Tags issued through the Silver State Tag Drawing will be issued for male animals only, except for tags to hunt mountain goats, which will be issued for males and females.

     3.  If the Department commits an error which results in the rejection or incorrect processing of an application for a Silver State Tag that has been submitted in compliance with the regulations of the Commission, the Department shall provide a refund of the fee for the Silver State Tag to the applicant.

     (Added to NAC by Bd. of Wildlife Comm’rs by R196-09, eff. 4-20-2010; A by R140-16, 9-21-2017)

     NAC 502.4298  Computerized system of drawing; alternate list; procedure to refill quota. (NRS 501.105, 501.181, 502.160, 502.250)

     1.  The Silver State Tag Drawing will occur before the Partnership in Wildlife Drawing and the main drawing. The Department shall award tags from the Silver State Tag Drawing through a random order of selection conducted pursuant to a computerized system of drawing. The selection must begin with a number established by the hours, minutes, seconds and hundredths of a second set forth on the computer’s clock immediately before commencing the drawing.

     2.  The Department shall cause the computer to generate an alternate list, categorized by species, after the initial selection of tag recipients in the Silver State Tag Drawing.

     3.  If the return of tags for a refund, pursuant to subsection 2 of NAC 502.422, reduces the number of tags awarded for the Silver State Tag Drawing to less than the quota for the hunt for a species, the Department shall refill the quota by awarding tags to applicants on the alternate list, unless there are fewer than 14 business days remaining until the opening day for that hunt.

     4.  Except as otherwise provided in subsection 5, in awarding tags from an alternate list for a hunt, the Department shall select the eligible applicant appearing on the list who:

     (a) Has not received a tag in the main drawing for big game tags or the Partnership in Wildlife Drawing for that species or subspecies for that year;

     (b) Has the drawing number with the highest priority for that species or subspecies; and

     (c) Indicated on his or her application the desire to compete for that species or subspecies in the Silver State Tag Drawing.

     5.  If the Department is unable to collect any fee that is required from the Silver State Tag Drawing because the method of payment is rejected during the processing of those fees, the Department shall, if more than 14 business days remain until the opening day for the hunt, select an eligible applicant from the alternate list for the hunt and season who:

     (a) Has the drawing number with the highest priority; and

     (b) Indicated on his or her application for the main drawing for big game tags the desire to compete for that species in the Silver State Tag Drawing.

     6.  The Department shall maintain a record of each applicant selected from an alternate list pursuant to this section.

     (Added to NAC by Bd. of Wildlife Comm’rs by R196-09, eff. 4-20-2010; A by R159-12, 12-20-2012; R140-16, 9-21-2017; R029-17, 12-19-2017)

TAXIDERMISTS

     NAC 502.430  Definitions. (NRS 502.370)  As used in NAC 502.430 to 502.455, inclusive, unless the context otherwise requires:

     1.  “Commercial taxidermist” means a person who provides taxidermic services for any other person for compensation.

     2.  “Noncommercial taxidermist” means a person who provides taxidermic services for any other person without compensation.

     3.  “Taxidermic item” means any part of wildlife upon which taxidermic services can be, are being or have been performed.

     4.  “Taxidermic services” includes preparing, stuffing and mounting the skins of wildlife or any parts, nests or eggs of wildlife.

     [Bd. of Fish & Game Comm’rs, No. 16 §§ 16.10-1 - 16.10-3, eff. 5-6-78] — (NAC A by Bd. of Wildlife Comm’rs, 7-1-97)

     NAC 502.435  Taxidermist license required. (NRS 502.370)

     1.  A person must obtain:

     (a) A Nevada taxidermist license as either a commercial taxidermist or noncommercial taxidermist, as appropriate; and

     (b) If the taxidermic services are to be performed on a species of migratory bird protected by the Migratory Bird Treaty Act, as amended, 16 U.S.C. §§ 703 et seq., a taxidermist permit issued by the United States Fish and Wildlife Service pursuant to 50 C.F.R. § 21.24, before performing taxidermic services in Nevada for any other person.

     2.  The Commission hereby adopts by reference the regulations of the United States Fish and Wildlife Service which are published in 50 C.F.R. § 21.24, as those regulations existed on October 1, 1995. Title 50 of C.F.R. may be purchased for $39 from the Superintendent of Documents, United States Government Printing Office, Washington, D.C. 20402-9328.

     [Bd. of Fish & Game Comm’rs, No. 16 § 17.01-1, eff. 5-6-78] — (NAC A by Bd. of Wildlife Comm’rs, 7-1-97)

     NAC 502.440  License: Application; validity; renewal. (NRS 502.370)

     1.  An application for a taxidermist license may be obtained from any office of the Department. The applicant shall include on his or her application:

     (a) The applicant’s name, physical and mailing addresses, and telephone number;

     (b) The name and telephone number of the applicant’s taxidermic business and, if different from the applicant’s physical address, the address from which taxidermic services will be provided;

     (c) Whether or not the taxidermic services are provided for compensation;

     (d) If the applicant must possess a federal taxidermist permit, a copy of the permit or proof satisfactory to the Department that federal approval of such a permit is pending;

     (e) The name of each state in which the applicant holds or has held a taxidermist license or permit to perform taxidermic services;

     (f) If the applicant has been convicted of violating the laws or regulations relating to taxidermy or commercialization of wildlife of any state or the United States Fish and Wildlife Service within the 5 years immediately preceding the date of the application, a description of each violation, a description of the penalty imposed for each violation and the name of the state in which the conviction occurred;

     (g) Whether, at the time of the application, the privileges granted to the applicant by another state or the United States Fish and Wildlife Service relating to taxidermy are suspended or revoked; and

     (h) The applicant’s signature and the date on which he or she signed the application.

     2.  A taxidermist license issued by the Department pending the issuance of a federal permit to perform taxidermic services on:

     (a) A migratory bird that is protected by the Migratory Bird Treaty Act, as amended, 16 U.S.C. §§ 703 et seq.; or

     (b) A species of wildlife that is listed as threatened or endangered by the United States Fish and Wildlife Service,

Ê is not valid for the purposes of performing taxidermic services on the migratory bird or the endangered or threatened species until the federal permit has been issued by the United States Fish and Wildlife Service to the licensee.

     3.  A completed application and required fees must be submitted to the Department.

     4.  An annual taxidermist license expires on June 30 of each year. If an application for the renewal of a taxidermist license is not received by the Department on or before June 30, taxidermic items in the possession of a taxidermist shall be deemed to be unlawfully possessed and are subject to seizure by the Department, and the taxidermist will be considered to be practicing taxidermy without a license. If an application for the renewal of a taxidermist license is received by the Department on or before June 30, the license will remain in effect until the Department completes its review of the application and renews or denies the application to renew the taxidermist license.

     [Bd. of Fish & Game Comm’rs, No. 16 § 17.01-3, eff. 5-6-78] — (NAC A by Bd. of Wildlife Comm’rs, 7-1-97; R029-17, 12-19-2017)

     NAC 502.445  Commercial taxidermist: Authorized acts. (NRS 502.370)

     1.  A person licensed in Nevada as a commercial taxidermist may:

     (a) Receive, transport, ship by common carrier, hold and perform taxidermic services on lawfully acquired wildlife.

     (b) Receive compensation for taxidermic services.

     (c) Purchase or otherwise legally acquire for taxidermic purposes the raw skins and hides of fur-bearing or game mammals which were lawfully taken.

     (d) Sell or consign to another person for sale the following mounted or permanently preserved wildlife which was lawfully acquired:

          (1) Properly marked migratory waterfowl raised in captivity;

          (2) The head and nonedible parts of any game mammal;

          (3) Properly identified game mammals;

          (4) Upland game birds, other than those birds which are protected by the Migratory Bird Treaty Act, as amended, 16 U.S.C. §§ 703 et seq.;

          (5) Game fish, or any part of a game fish;

          (6) Game amphibians;

          (7) Fur-bearing mammals; and

          (8) Unprotected wildlife.

     2.  A taxidermist may ship the raw skins and raw furs of any wildlife for which a tag is required to a tannery without first obtaining a transportation permit if the shipment is labeled pursuant to subsection 7 of NRS 503.040 or 50 C.F.R. §§ 14.81 and 14.82, as those regulations exist on October 1, 1996.

     3.  As used in this section, “nonedible parts” means the hide, skin, fur, antlers, horns, skeleton and hooves of an animal.

     [Bd. of Fish & Game Comm’rs, No. 16 part § 17.01-5, eff. 5-6-78] — (NAC A by Bd. of Wildlife Comm’rs, 7-1-97)

     NAC 502.450  Noncommercial taxidermist: Authorized acts. (NRS 502.370)  A person licensed in Nevada as a noncommercial taxidermist may receive, transport, hold and perform taxidermic services on lawfully acquired wildlife, if such activity is not contrary to the provisions of federal law or regulations relating to migratory birds that are protected by the Migratory Bird Treaty Act, as amended, 16 U.S.C. §§ 703 et seq.

     [Bd. of Fish & Game Comm’rs, No. 16 part § 17.01-5, eff. 5-6-78] — (NAC A by Bd. of Wildlife Comm’rs, 7-1-97)

     NAC 502.455  Taxidermic records; identification tags and punch numbers for taxidermic items. (NRS 502.370)

     1.  A person licensed as a taxidermist in Nevada shall maintain accurate written or computerized records, on a form provided by the Department or in a format which is substantially similar to that form, for each licensing year which show:

     (a) The name, telephone number and physical and mailing address of each person from whom wildlife or parts, nests or eggs of wildlife, upon which taxidermic services were performed, were received.

     (b) The name, telephone number and physical and mailing address of each person to whom wildlife or parts, nests or eggs of wildlife, upon which taxidermic services were performed, were delivered.

     (c) An accurate description of the taxidermic item, including the species and parts thereof received.

     (d) Except as otherwise provided in subsection 3 and if required for the species of wildlife received, the number of the tag, seal or permit.

     (e) The date on which the taxidermist receives the taxidermic item and the date on which that item is returned to its owner.

Ê The taxidermist shall record the required information immediately upon receipt and delivery of a taxidermic item, as appropriate.

     2.  A taxidermist shall:

     (a) Immediately upon receipt, label each taxidermic item with a tag that clearly identifies the owner of the item. The tag may be removed from the item only during the actual performance of taxidermic services on the item. The tag must be reattached to the item when the taxidermic service is not being performed. Once the taxidermic services are completed on the taxidermic item, the tag must be reattached and remain attached to the item until the item is delivered to or claimed by the owner of the item.

     (b) If required by the Department, submit a copy of the taxidermist’s records for the previous licensing year to the Department at the end of each licensing year. If the records are computerized, the taxidermist shall submit a hard copy of the computerized records to the Department.

     (c) Retain the taxidermist’s records for a licensing year for at least 2 years after the end of the licensing year to which those records pertain.

     (d) During any reasonable hour, upon the request of any agent of the Department authorized to enforce the provisions of title 45 of NRS, present the taxidermist’s records kept in accordance with this section and any taxidermic item which the taxidermist is keeping at his or her place of business.

     3.  In lieu of maintaining a record of a tag, seal or permit pursuant to paragraph (d) of subsection 1, a taxidermist who receives a taxidermic item from another taxidermist may maintain a record setting forth the name and physical and mailing address of the taxidermist from whom the taxidermic item was received and the punch number or other identification number assigned to that taxidermist by the taxidermist who received the taxidermic item. The punch number or other identification number must be attached to the taxidermic item during the entire period in which the taxidermist who received the taxidermic item remains in possession of the taxidermic item.

     4.  As used in this section:

     (a) “Licensing year” means a period beginning on July 1 and ending on June 30 of the following calendar year.

     (b) “Punch number” means a number which is assigned to a taxidermist for the purpose of identification and which is punched into or otherwise attached to a taxidermic item.

     [Bd. of Fish & Game Comm’rs, No. 16 § 17.01-9, eff. 5-6-78] — (NAC A by Bd. of Wildlife Comm’rs, 7-1-97; R111-14, 12-22-2014; R029-17, 12-19-2017)

BODIES OF WATER LETHAL TO WILDLIFE

     NAC 502.460  “Artificial or artificially created body of water” interpreted. (NRS 501.105, 501.181, 502.390)  For the purposes of NRS 502.390, “artificial or artificially created body of water” means any uncovered lake, pond, reservoir, pool, puddle, sump or any other type of water that is impounded by a person, including a ditch, stream and any other type of open mechanism used to transport or apply fluid. The Department may determine that several artificial or artificially created bodies of water that are part of one facility may be required to obtain one permit which covers all of the bodies of water.

     (Added to NAC by Bd. of Wildlife Comm’rs, eff. 12-18-89)

     NAC 502.465  “Chemicals or substances” interpreted. (NRS 501.105, 501.181, 502.390)  For the purposes of NRS 502.390, “chemicals or substances” means artificially created or natural materials or elements which are used in or result from industrial activities and which may occur in sufficient concentration to cause the death of any wildlife.

     (Added to NAC by Bd. of Wildlife Comm’rs, eff. 12-18-89)

     NAC 502.470  “Normal use” interpreted. (NRS 501.105, 501.181, 502.390)  For the purposes of NRS 502.390, “normal use” means the regular, customary or intended use of water, including the disposition of the water before a chemical or other change which is made specifically to protect wildlife.

     (Added to NAC by Bd. of Wildlife Comm’rs, eff. 12-18-89)

     NAC 502.473  Purpose. (NRS 501.105, 501.181, 502.390)  The purpose of NAC 502.460 to 502.495, inclusive, is to ensure the protection of wildlife from artificial or artificially created bodies of water for which a permit is required pursuant to NRS 502.390.

     (Added to NAC by Bd. of Wildlife Comm’rs by R014-16, eff. 9-9-2016)

     NAC 502.475  Permits: Form to apply for permit and form to calculate assessment; fee for issuance or renewal of permit. (NRS 501.105, 501.181, 502.390)

     1.  The Department will provide:

     (a) A standard form to apply for a permit required by NRS 502.390; and

     (b) A form to calculate the assessment required by NAC 502.482.

     2.  The form to apply for a permit and the form to calculate the assessment:

     (a) May be obtained from the Internet website of the Department; and

     (b) Must be completed when an applicant:

          (1) Applies for a new permit; or

          (2) Modifies or renews an existing permit.

     3.  The fee for the issuance or renewal of a permit is $125 per year and must be paid to the Department before the permit will be issued or renewed. If the Department issues or renews a temporary permit or a permit for less than 1 year, the fee is $68.

     4.  An applicant for a permit shall complete the form to calculate the assessment provided by the Department and include the form with the application for the permit, along with any documentation to support the data included in the form, including, without limitation, any engineering plans for the facility.

     (Added to NAC by Bd. of Wildlife Comm’rs, eff. 12-18-89; A by R137-03, 1-20-2004, eff. 3-1-2004; R014-16, 9-9-2016)

     NAC 502.476  Permits: Modification. (NRS 501.105, 501.181, 502.390)

     1.  A modification to an existing permit:

     (a) Is not subject to a fee; and

     (b) May not extend the term of the permit.

     2.  For the purpose of this section, a modification to an existing permit includes:

     (a) The expansion or addition of an existing artificial or artificially created body of water for which the permit was issued or renewed that was not described in the initial application for the permit;

     (b) A modification, that significantly alters the risk of death to wildlife, to any:

          (1) Fencing or covering that was installed to ensure the exclusion of wildlife from an artificial or artificially created body of water;

          (2) Operational standards used to maintain an artificial or artificially created body of water in a state which will not cause the death of any wildlife; or

          (3) Other conditions for the permit required by the Department pursuant to NAC 502.480; and

     (c) A change in the contact information for the holder of the permit or contact person for any facility associated with the artificial or artificially created body of water.

     3.  An application for modification to an existing permit must include a completed form to calculate the assessment required by NAC 502.482 and any documentation to support the data included in the form, including, without limitation, any engineering plans for the facility.

     (Added to NAC by Bd. of Wildlife Comm’rs by R014-16, eff. 9-9-2016)

     NAC 502.477  Permits: Renewal; fee. (NRS 501.105, 501.181, 502.390)

     1.  The Department may renew a permit if the holder of the permit:

     (a) Submits an application to renew the permit and a completed form to calculate the assessment provided by the Department pursuant to NAC 502.475; and

     (b) Is in substantial compliance with the conditions of the existing permit.

     2.  The application to renew and the completed form to calculate the assessment must:

     (a) Be submitted to the Department at least 30 days before the expiration of the existing permit;

     (b) Include the fee for the permit required by NRS 502.390 and NAC 502.475; and

     (c) Include any new information required to update any information previously submitted to the Department.

     3.  If the Department fails to renew a permit on or before the date of expiration of the existing permit, the holder of the permit may continue to operate the facility pursuant to the terms and conditions of the existing permit until a new permit is issued by the Department.

     4.  An application for renewal of a permit must include a completed form to calculate the assessment specified in subsection 1 and any documentation to support the data included in the form, including, without limitation, any engineering plans for the facility.

     (Added to NAC by Bd. of Wildlife Comm’rs by R014-16, eff. 9-9-2016)

     NAC 502.478  Permits: Transfer to new owner or operator. (NRS 501.105, 501.181, 502.390)

     1.  A permit for an artificial or artificially created body of water may be transferred to a new owner or operator.

     2.  Before a permit specified in subsection 1 may be transferred to a new owner or operator during the term of the permit, the holder of the permit must:

     (a) Notify the new owner or operator in writing of the requirements of the existing permit and the requirements of NRS 502.390 and NAC 502.460 to 502.495, inclusive; and

     (b) Provide a copy of the written notice to the Department.

     3.  Pursuant to subsection 3 of NRS 502.390, the existing permit remains in effect for 30 days after the transfer of ownership or operation.

     (Added to NAC by Bd. of Wildlife Comm’rs by R014-16, eff. 9-9-2016)

     NAC 502.480  Permits: Individual design; compliance with conditions. (NRS 501.105, 501.181, 502.390)

     1.  The Department will design a permit required by NRS 502.390 to address the specific measures for the protection of wildlife and operating standards to be taken by a holder of the permit.

     2.  A person who holds a permit must comply with all of the conditions for the permit which the Department requires, including, but not limited to, the designation of an artificial or artificially created body of water which must be:

     (a) Fenced to ensure the exclusion of wildlife from hazardous water and the type of fence that must be installed.

     (b) Covered to ensure the exclusion of wildlife.

     (c) Maintained through operational standards, in a state which will not cause the death of any wildlife.

     (Added to NAC by Bd. of Wildlife Comm’rs, eff. 12-18-89; A by R014-16, 9-9-2016)

     NAC 502.482  Payment of annual assessment by holder of permit. (NRS 501.105, 501.181, 502.390)

     1.  The holder of a permit for an artificial or artificially created body of water issued pursuant to NRS 502.390 shall pay an annual assessment required by that section based on the specifications for the design of any facility associated with the artificial or artificially created body of water according to the highest applicable payment tier within any of the following schedules:

     (a) Fee Schedule A – The number of tons of ore the facility is designed to process per year:

 

Tier 1: Facility designed to process chemically less than 36,500 tons per year.....

           $1,500

Tier 2: Facility designed to process chemically 36,500 tons or more per year but less than 100,000 tons per year..........................................................................

           $3,000

Tier 3: Facility designed to process chemically 100,000 tons or more per year but less than 500,000 tons per year...................................................................

           $6,000

Tier 4: Facility designed to process chemically 500,000 tons or more per year....

         $10,000

Permanent Closure: Facility in a state of permanent closure.................................

           $1,000

 

     (b) Fee Schedule B – The maximum cumulative acres the facility is designed to have in artificial or artificially created bodies of water:

 

Tier 1: Facility designed with a maximum capacity of less than 5 cumulative acres of artificial or artificially created bodies of water....................................

           $1,500

Tier 2: Facility designed with a maximum capacity of 5 cumulative acres or more but less than 10.1 cumulative acres of artificial or artificially created bodies of water..................................................................................................

           $3,000

Tier 3: Facility designed with a maximum capacity of 10.1 cumulative acres or more but less than 100.1 cumulative acres of artificial or artificially created bodies of water..................................................................................................

           $6,000

Tier 4: Facility designed with a maximum capacity of 100.1 cumulative acres or more of artificial or artificially created bodies of water....................................

         $10,000

Permanent Closure: Facility in a state of permanent closure.................................

           $1,000

 

     (c) Fee Schedule C – The maximum number of individual artificial or artificially created bodies of water associated with the facility:

 

Tier 1: Facility designed with less than 25 artificial or artificially created bodies of water.............................................................................................................

           $1,500

Tier 2: Facility designed with 25 or more but less than 75 artificial or artificially created bodies of water.....................................................................................

           $3,000

Tier 3: Facility designed with 75 or more but less than 151 artificial or artificially created bodies of water....................................................................

           $6,000

Tier 4: Facility designed with 151 or more artificial or artificially created bodies of water.............................................................................................................

         $10,000

Permanent Closure: Facility in a state of permanent closure.................................

           $1,000

 

     2.  The holder of a permit shall pay the assessment on or before June 30 of each year.

     3.  If the ownership of any artificial or artificially created body of water for which a permit has been issued is transferred, the Department shall specify in the permit the amount of the assessment required to be paid by the new owner during his or her first year of ownership.

     4.  As used in this section, “permanent closure” means that time in the operating life of a facility when activities for the final stabilization of the facility or removal of chemicals or substances within or associated with an artificial or artificially created body of water are initiated and the body of water no longer poses a risk of death to wildlife.

     (Added to NAC by Bd. of Wildlife Comm’rs, eff. 9-13-91; A by R014-16, 9-9-2016)

     NAC 502.485  Reports regarding death of wildlife. (NRS 501.105, 501.181, 502.390)  A person who has been issued a permit required by NRS 502.390 must report to the Department on forms provided by the Department, each death of wildlife associated with the artificial or artificially created body of water for which the permit was issued and any facility associated with the artificial or artificially created body of water. If no death occurs, the person must also report this to the Department. The permit will state the time and manner the information must be reported to the Department.

     (Added to NAC by Bd. of Wildlife Comm’rs, eff. 12-18-89; A by R014-16, 9-9-2016)

     NAC 502.495  Access by Department to property. (NRS 501.105, 501.181, 502.390)  The holder of a permit required by NRS 502.390 shall grant reasonable access to the employees of the Department who are authorized by the Department to enter the property for which the permit was issued.

     (Added to NAC by Bd. of Wildlife Comm’rs, eff. 12-18-89)

HUNTER SAFETY

     NAC 502.500  Course in safe handling of firearms; fees. (NRS 501.181, 502.340, 502.350)

     1.  The Department will provide a course in the safe handling of firearms to all eligible persons. The instructor may collect a fee of $5 from each person obtaining instruction in the safe handling of firearms.

     2.  The Department will issue a duplicate certificate of successful completion of the course for a fee of $10.

     [Bd. of Wildlife Comm’rs, No. 120 § 3, eff. 11-5-81] — (NAC A 9-20-83; 10-17-86, eff. 1-1-87; 4-18-90; R029-17, 12-19-2017) — (Substituted in revision for NAC 502.425)