(Reprinted with amendments adopted on April 14, 2025)
FIRST REPRINT A.B. 59
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ASSEMBLY BILL NO. 59–COMMITTEE ON NATURAL RESOURCES
(ON BEHALF OF THE DEPARTMENT OF WILDLIFE)
PREFILED NOVEMBER 20, 2024
____________
Referred to Committee on Natural Resources
SUMMARY—Revises provisions relating to governmental
administration. (BDR 45-300)
FISCAL NOTE: Effect on Local Government: Increases or Newly
Provides for Term of Imprisonment in County or City
Jail or Detention Facility.
Effect on the State: No.
~
EXPLANATION – Matter in bolded italics is new; matter between brackets [omitted material] is material to be omitted.
AN ACT relating to governmental administration; revising
provisions relating to the authority of game wardens to
enforce laws; revising provisions governing the
prohibition against intentionally feeding certain animals;
prohibiting, with certain exceptions, a person or any agent
or employee of a person from knowingly bringing into or
possessing in this State the excrement or bodily fluid of
certain animals; revising provisions governing certain
civil penalties for unlawfully killing or possessing certain
big game mammals; revising provisions relating to the
importation, possession and propagation of certain fallow
deer or reindeer; providing penalties; and providing other
matters properly relating thereto.
Legislative Counsel’s Digest:
Existing law creates the Department of Wildlife and requires the Department to 1
administer the laws governing wildlife and the Nevada Boat Act under the guidance 2
of and regulations adopted by the Board of Wildlife Commissioners. (NRS 3
488.015, 501.181, 501.331) Existing law requires the Director of the Department of 4
Wildlife to designate a number of employees and, if the need exists, other persons 5
outside of the Department as game wardens. (NRS 501.337, 501.339) Existing law 6
provides such game wardens with the powers of a peace officer for the purposes of: 7
(1) the service of such legal process as may be required in the enforcement of the 8
laws governing wildlife and the Nevada Boat Act; and (2) the enforcement of all 9
laws of the State of Nevada while they are performing their duties relating to the 10
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enforcement of laws governing wildlife and the Nevada Boat Act. (NRS 289.280) 11
Under existing law, such game wardens have a duty to enforce laws governing 12
wildlife and the Nevada Boat Act. (NRS 501.349) Section 4 of this bill makes 13
enforcement of such laws a power instead of a duty. Sections 4 and 16 of this bill 14
expand the scope of this enforcement authority and the peace officer powers of a 15
game warden to include the enforcement of all laws of the State of Nevada 16
regardless of whether the game wardens are enforcing the laws governing wildlife 17
or the Nevada Boat Act. Section 16 also expands the peace officer powers of a 18
game warden to apply to the service of any legal process. Sections 2 and 16 of this 19
bill make conforming changes relating to the authority for designating game 20
wardens. 21
Under existing law, the Board of Wildlife Commissioners is required to classify 22
all wildlife by regulation. (NRS 501.110) Existing law also, with certain 23
exceptions, prohibits a person from intentionally feeding a big game mammal 24
without written authorization from the Department. For the purpose of this 25
prohibition, “big game mammal” is defined to include a pronghorn antelope, black 26
bear, mule deer, mountain goat, mountain lion, Rocky Mountain elk and certain 27
subspecies of bighorn sheep. The penalties for violating this prohibition are: (1) a 28
written warning for a first offense; (2) a fine of not more than $250 for a second 29
offense; and (3) a fine of not more than $500 for a third or subsequent offense. 30
(NRS 501.382) Section 7 of this bill: (1) expands this prohibition to apply to the 31
intentional feeding of any wildlife that is classified as a wild mammal or game bird 32
by regulations adopted by the Board of Wildlife Commissioners; and (2) provides 33
that this prohibition does not apply to the incidental or unintentional feeding of 34
such game birds associated with the use of a bird feeder located not more than 100 35
feet from a private residence. Section 1 of this bill makes a conforming change as a 36
result of the expansion of the prohibition to additional animals. 37
With certain exceptions, existing law prohibits a person or the person’s agent or 38
employee from knowingly bringing into or possessing in this State the carcass or 39
part of the carcass of certain animals. (NRS 501.3845) A person who violates this 40
prohibition is: (1) guilty of a misdemeanor, which is punished by a fine of not less 41
than $50 nor more than $500, or by imprisonment in the county jail for not more 42
than 6 months, or by both fine or imprisonment; and (2) liable for certain civil 43
penalties. (NRS 501.385, 501.3855) Section 8 of this bill also prohibits knowingly 44
bringing into or possessing in this State the excrement or bodily fluid of such 45
animals. Section 8 authorizes the seizure, destruction or removal from this State of 46
such excrement or bodily fluid in the same manner as a carcass or part of a carcass. 47
With certain exceptions and in addition to certain authorized penalties, existing 48
law establishes a civil penalty of not less than $5,000 nor more than $30,000 for 49
unlawfully killing or possessing a trophy big game mammal. For the purpose of this 50
civil penalty, a trophy big game mammal is defined as a mule deer with an outside 51
antler measurement of at least 24 inches, a bighorn sheep of any species with at 52
least one horn exceeding a half curl, a Rocky Mountain elk with at least six antler 53
points on one antler, a pronghorn antelope with at least one horn which is more 54
than 14 inches in length, a mountain goat or a black bear. Also, with certain 55
exceptions and in addition to certain authorized penalties, existing law establishes a 56
civil penalty of not less than $250 and not more than $5,000 for unlawfully killing 57
or possessing certain other animals, including a moose. (NRS 501.3855) Section 9 58
of this bill makes unlawfully killing or possessing a moose subject to the higher 59
civil penalty for trophy big game mammals of not less than $5,000 nor more than 60
$30,000. For the purposes of identifying a trophy big game mammal for imposition 61
of the higher civil penalty, existing law defines the term “antler point” to exclude 62
the first point on the main beam, commonly known as the eye guard, on mule deer. 63
(NRS 501.3855) Existing regulations interpret the exclusion to apply only to mule 64
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deer. (NAC 502.1175) Section 9 codifies this interpretation in the Nevada Revised 65
Statutes. 66
Existing law: (1) prohibits any person without a permit from importing, 67
possessing or propagating alternative livestock, which is defined as any species or 68
subspecies of fallow deer or reindeer, if such animals are born and reared in 69
captivity and raised on private property to produce meat or other by-products or for 70
breeding stock; and (2) requires the State Board of Agriculture to adopt regulations 71
governing the permit program for alternative livestock. In adopting such 72
regulations, existing law requires the State Board of Agriculture to consult with the 73
Department of Wildlife and the Board of Wildlife Commissioners concerning the 74
provisions that are necessary to protect wildlife in this State and in certain areas of 75
special concern. (NRS 501.003, 576.129; NAC 576.100-576.260) A person who 76
violates this prohibition: (1) is guilty of a misdemeanor, which is punished by a fine 77
of not more than $1,000 or imprisonment in the county jail for not more than 6 78
months, or by both a fine and imprisonment; and (2) may be liable for a civil 79
penalty of not more than $5,000 for each violation. (NRS 193.150, 576.150) 80
Existing law, with certain exceptions, authorizes a person to bring an animal that is 81
not under special quarantine into this State in compliance with regulations adopted 82
by the State Quarantine Officer. (NRS 571.210) Section 25 of this bill eliminates 83
the permit program for alternative livestock, thereby making it a misdemeanor to 84
import, possess or propagate such fallow deer or reindeer in this State, unless 85
pursuant to the regulations adopted by the State Quarantine Officer that authorize 86
certain restricted entry of animals from outside this State. Sections 3, 6, 11-15, 17, 87
18, 20, 22-24 and 27 of this bill make conforming changes as a result of the 88
elimination of the permit program for alternative livestock by section 25. Section 89
26 of this bill declares void the regulations adopted by the State Board of 90
Agriculture governing the permit program for alternative livestock. Sections 5 and 91
10 of this bill make conforming changes to refer to provisions that have been 92
renumbered in section 3. Sections 19 and 21 of this bill make conforming changes 93
by removing references to sections defining “alternative livestock” that are repealed 94
in section 27. 95
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 501.005 is hereby amended to read as follows: 1
501.005 [Except as otherwise provided in NRS 501.382, “big] 2
“Big game mammal” means any game mammal so classified by 3
Commission regulation. 4
Sec. 2. NRS 501.047 is hereby amended to read as follows: 5
501.047 “Game warden” means any person [authorized] 6
designated as such by the Director [to enforce the provisions of this 7
title and of chapter 488 of NRS.] pursuant to NRS 501.337 or 8
501.339. 9
Sec. 3. NRS 501.181 is hereby amended to read as follows: 10
501.181 The Commission shall: 11
1. Establish broad policies for: 12
(a) The protection, propagation, restoration, transplanting, 13
introduction and management of wildlife in this State. 14
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(b) The promotion of the safety of persons using or property 1
used in the operation of vessels on the waters of this State. 2
(c) The promotion of uniformity of laws relating to policy 3
matters. 4
2. Guide the Department in its administration and enforcement 5
of the provisions of this title and of chapter 488 of NRS by the 6
establishment of such policies. 7
3. Establish policies for areas of interest including: 8
(a) The management of big and small game mammals, upland 9
and migratory game birds, fur-bearing mammals, game fish, and 10
protected and unprotected mammals, birds, fish, reptiles and 11
amphibians. 12
(b) The management and control of predatory wildlife. 13
(c) The acquisition of lands, water rights and easements and 14
other property for the management, propagation, protection and 15
restoration of wildlife. 16
(d) The entry, access to, and occupancy and use of such 17
property, including leases of grazing rights, sales of agricultural 18
products and requests by the Director to the State Land Registrar for 19
the sale of timber if the sale does not interfere with the use of the 20
property on which the timber is located for wildlife management or 21
for hunting or fishing thereon. 22
(e) The control of nonresident hunters. 23
(f) The introduction, transplanting or exporting of wildlife. 24
(g) Cooperation with federal, state and local agencies on wildlife 25
and boating programs. 26
(h) The revocation of licenses issued pursuant to this title to any 27
person who is convicted of a violation of any provision of this title 28
or any regulation adopted pursuant thereto. 29
4. Establish regulations necessary to carry out the provisions of 30
this title and of chapter 488 of NRS, including: 31
(a) Seasons for hunting game mammals and game birds, for 32
hunting or trapping fur-bearing mammals and for fishing, the daily 33
and possession limits, the manner and means of taking wildlife, 34
including, but not limited to, the sex, size or other physical 35
differentiation for each species, and, when necessary for 36
management purposes, the emergency closing or extending of a 37
season, reducing or increasing of the bag or possession limits on a 38
species, or the closing of any area to hunting, fishing or trapping. If, 39
in establishing any regulations pursuant to this subsection, the 40
Commission rejects the recommendations of a county advisory 41
board to manage wildlife with regard to the length of seasons for 42
fishing, hunting and trapping or the bag or possession limits 43
applicable within the respective county, the Commission shall 44
provide to the county advisory board to manage wildlife at the 45
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meeting an explanation of the Commission’s decision to reject the 1
recommendations and, as soon as practicable after the meeting, a 2
written explanation of the Commission’s decision to reject the 3
recommendations. Any regulations relating to the closure of a 4
season must be based upon scientific data concerning the 5
management of wildlife. The data upon which the regulations are 6
based must be collected or developed by the Department. 7
(b) The manner of using, attaching, filling out, punching, 8
inspecting, validating or reporting tags. 9
(c) The delineation of game management units embracing 10
contiguous territory located in more than one county, irrespective of 11
county boundary lines. 12
(d) The number of licenses issued for big game and, if 13
necessary, other game species. 14
5. Adopt regulations requiring the Department to make public, 15
before official delivery, its proposed responses to any requests by 16
federal agencies for its comment on drafts of statements concerning 17
the environmental effect of proposed actions or regulations affecting 18
public lands. 19
6. Adopt regulations: 20
(a) Governing the provisions of the permit required by NRS 21
502.390 and for the issuance, renewal and revocation of such a 22
permit. 23
(b) Establishing the method for determining the amount of an 24
assessment, and the time and manner of payment, necessary for the 25
collection of the assessment required by NRS 502.390. 26
7. [Designate those portions of wildlife management areas for 27
big game mammals that are of special concern for the regulation of 28
the importation, possession and propagation of alternative livestock 29
pursuant to NRS 576.129. 30
8.] Adopt regulations governing the trapping of fur-bearing 31
mammals in a residential area of a county whose population is 32
100,000 or more. 33
[9.] 8. Adopt regulations prescribing the circumstances under 34
which a person, regardless of whether the person has obtained a 35
valid tag issued by the Department, may assist in the killing and 36
retrieval of a wounded big game mammal by another person who: 37
(a) Is a paraplegic, has had one or both legs amputated or has 38
suffered a paralysis of one or both legs which severely impedes the 39
person’s walking; and 40
(b) Has obtained a valid tag issued by the Department for 41
hunting that animal. 42
[10.] 9. In establishing any policy or adopting any regulations 43
pursuant to this section, first consider the recommendations of the 44
Department, the county advisory boards to manage wildlife and 45
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other persons who present their views at an open meeting of the 1
Commission. 2
Sec. 4. NRS 501.349 is hereby amended to read as follows: 3
501.349 [Regular employees and others] Persons designated 4
by the Director as game wardens [shall] pursuant to NRS 501.337 5
or 501.339 may enforce all [provisions of this title and of chapter 6
488 of NRS.] laws of the State of Nevada. 7
Sec. 5. NRS 501.376 is hereby amended to read as follows: 8
501.376 1. Except as otherwise provided in this section, a 9
person shall not intentionally kill or aid and abet another person to 10
kill a bighorn sheep, mountain goat, elk, deer, moose, pronghorn 11
antelope, mountain lion or black bear: 12
(a) Outside of the prescribed season set by the Commission for 13
the lawful hunting of that animal; 14
(b) Through the use of a manned or unmanned aircraft or 15
helicopter in violation of NRS 503.010; 16
(c) By a method other than the method prescribed on the tag 17
issued by the Department for hunting that animal; 18
(d) Knowingly during a time other than: 19
(1) The time of day set by the Commission for hunting that 20
animal pursuant to NRS 503.140; or 21
(2) If the Commission has not set such a time, between 22
sunrise and sunset as determined pursuant to that section; or 23
(e) Without a valid tag issued by the Department for hunting 24
that animal. A tag issued for hunting any animal specified in this 25
subsection is not valid if knowingly used by a person: 26
(1) Except as otherwise provided by the regulations adopted 27
by the Commission pursuant to subsection [9] 8 of NRS 501.181, 28
other than the person specified on the tag; 29
(2) Outside of the management area or other area specified 30
on the tag; or 31
(3) If the tag was obtained by a false or fraudulent 32
representation. 33
2. The provisions of subsection 1 do not prohibit the killing of 34
an animal specified in subsection 1 if: 35
(a) The killing of the animal is necessary to protect the life of 36
any person, pet or livestock in imminent danger of being attacked by 37
the animal; or 38
(b) The animal killed was not the intended target of the person 39
who killed the animal and the killing of the animal which was the 40
intended target would not violate the provisions of subsection 1. 41
3. A person who violates the provisions of subsection 1 shall 42
be punished for a category E felony as provided in NRS 193.130 or, 43
if the court reduces the penalty pursuant to this subsection, for a 44
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gross misdemeanor. In determining whether to reduce the penalty, 1
the court shall consider: 2
(a) The nature of the offense; 3
(b) The circumstances surrounding the offense; 4
(c) The defendant’s understanding and appreciation of the 5
gravity of the offense; 6
(d) The attitude of the defendant towards the offense; and 7
(e) The general objectives of sentencing. 8
4. A person shall not willfully possess any animal specified in 9
subsection 1 if the person knows the animal was killed in violation 10
of subsection 1 or the circumstances should have caused a 11
reasonable person to know that the animal was killed in violation of 12
subsection 1. 13
5. A person who violates the provisions of subsection 4 is 14
guilty of a gross misdemeanor. 15
6. As used in this section: 16
(a) “Livestock” has the meaning ascribed to it in NRS 561.025. 17
(b) “Pet” has the meaning ascribed to it in NRS 202.487. 18
Sec. 6. NRS 501.379 is hereby amended to read as follows: 19
501.379 1. [Except as otherwise provided in this section: 20
(a)] It is unlawful for any person to sell or expose for sale, to 21
barter, trade or purchase or to attempt to sell, barter, trade or 22
purchase any species of wildlife, or parts thereof, except as 23
otherwise provided in this title or in a regulation of the Commission. 24
[(b)] 2. The importation and sale of products made from the 25
meat of game mammals, game birds or game amphibians raised in 26
captivity is not prohibited if the importation is from a licensed 27
commercial breeder or commercial processor. 28
[2. The provisions of this section do not apply to alternative 29
livestock and products made therefrom.] 30
Sec. 7. NRS 501.382 is hereby amended to read as follows: 31
501.382 1. Except as otherwise provided in subsection 3, a 32
person shall not intentionally feed any [big game mammal] wildlife 33
classified as a wild mammal or game bird by Commission 34
regulation without written authorization from the Department. 35
2. A person who violates subsection 1: 36
(a) For a first offense, must not be cited or charged criminally 37
but must be informed, in writing, of the behavior that constitutes the 38
violation and the penalties prescribed by this section for any 39
subsequent violation of this section. 40
(b) For a second offense, shall be punished by a fine of not more 41
than $250. 42
(c) For a third or subsequent offense, shall be punished by a fine 43
of not more than $500. 44
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3. The provisions of this section do not apply to any employee 1
or agent of the Department or the Animal and Plant Health 2
Inspection Service of the United States Department of Agriculture 3
who, while carrying out his or her duties, intentionally feeds [a big 4
game mammal] such wildlife for any purpose. 5
4. As used in this section [: 6
(a) “Big game mammal” means: 7
(1) Any pronghorn antelope, black bear, mule deer, mountain 8
goat, mountain lion or Rocky Mountain elk; or 9
(2) Any of the following subspecies of bighorn sheep: 10
(I) Nelson bighorn sheep; 11
(II) California bighorn sheep; or 12
(III) Rocky Mountain bighorn sheep. 13
(b) “Intentionally] , “intentionally feed” means to supply, 14
provide or otherwise make available any salt, grain, meat or other 15
form of nourishment with the intent to attract or feed [a big game 16
mammal.] wildlife described in subsection 1. The term does not 17
include any incidental or unintentional feeding of [a big game 18
mammal,] such wildlife, including, without limitation, any such 19
feeding associated with: 20
[(1)] (a) Any accepted agricultural or livestock practice; 21
[(2)] (b) Any planting or maintenance of any shrub, tree or 22
other landscaping for any residence, property or area; [or] 23
[(3)] (c) Any sporting event or outdoor activity at which 24
food is served or consumed [.] ; or 25
(d) The use of a bird feeder located not more than 100 feet 26
from a private residence. 27
Sec. 8. NRS 501.3845 is hereby amended to read as follows: 28
501.3845 1. Except as otherwise provided in this section, it is 29
unlawful for a person or any agent or employee of a person to 30
knowingly: 31
(a) Bring into this State the carcass or any part of the carcass or 32
any excrement or bodily fluid of any of the following animals 33
which were obtained in another state, territory or country: 34
(1) An elk (Cervus elaphus); 35
(2) A mule deer (Odocoileus hemionus); 36
(3) A white-tailed deer (Odocoileus virginianus); 37
(4) A moose (Alces alces); 38
(5) Any alternative livestock; or 39
(6) Any other animal which the State Quarantine Officer has, 40
by regulation, declared to be susceptible to chronic wasting disease 41
and prohibited from importation into this State; or 42
(b) Possess any carcass or part of the carcass or excrement or 43
bodily fluid of any elk, deer, moose, alternative livestock or other 44
animal brought into this State in violation of paragraph (a). 45
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2. A person or any agent or employee of a person may bring 1
into this State the following parts of the carcass of any elk, deer, 2
moose, alternative livestock or other animal specified in 3
subsection 1: 4
(a) The meat of the elk, deer, moose, alternative livestock or 5
other animal with no part of the spinal column, brain tissue or head 6
attached, except that one or more bones of the legs or shoulders may 7
be attached. 8
(b) The hide or cape of the elk, deer, moose, alternative 9
livestock or other animal with no part of the spinal column, brain 10
tissue or head attached. 11
(c) The clean skull plate of the elk, deer, moose, alternative 12
livestock or other animal with antlers attached and no part of the 13
brain tissue attached. 14
(d) The antlers of the elk, deer, moose, alternative livestock or 15
other animal with no meat or tissue other than antler velvet attached. 16
(e) The taxidermy mount of the elk, deer, moose, alternative 17
livestock or other animal with no meat or tissue other than antler 18
velvet attached. 19
(f) The upper canine teeth of the elk, deer, moose, alternative 20
livestock or other animal, including, without limitation, the bugler, 21
whistler and ivory teeth. 22
3. Any carcass or part of the carcass or excrement or bodily 23
fluid of an elk, deer, moose, alternative livestock or other animal 24
knowingly brought into this State or knowingly possessed in this 25
State in violation of this section may be seized, destroyed or sent out 26
of this State by a game warden or any other law enforcement officer 27
within 48 hours. The expense of seizing, destroying or removing the 28
carcass or part of the carcass or excrement or bodily fluid must be 29
paid by the person or his or her agent or employee who knowingly 30
brought the carcass or part of the carcass or excrement or bodily 31
fluid into this State or knowingly possessed the carcass or part of 32
the carcass or excrement or bodily fluid in this State. 33
Sec. 9. NRS 501.3855 is hereby amended to read as follows: 34
501.3855 1. In addition to the penalties provided for the 35
violation of any of the provisions of this title, every person who: 36
(a) Unlawfully kills or possesses a trophy big game mammal is 37
liable for a civil penalty of not less than $5,000 nor more than 38
$30,000; or 39
(b) Except as otherwise provided in paragraph (a) or NRS 40
503.610, unlawfully kills or possesses a big game mammal, 41
[moose,] bobcat, swan or eagle is liable for a civil penalty of not less 42
than $250 but less than $5,000. 43
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2. For the unlawful killing or possession of fish or wildlife not 1
included in subsection 1, a person is liable for a civil penalty of not 2
less than $25 nor more than $1,000. 3
3. For hunting, fishing or trapping without a valid license, tag 4
or permit, a person is liable for a civil penalty of not less than $50 5
nor more than the amount of the fee for the license, tag or permit 6
required for the activity in which the person engaged. 7
4. Every court, before whom a defendant is convicted of 8
unlawfully killing or possessing any wildlife, shall order the 9
defendant to pay the civil penalty in the amount stated in this section 10
for each mammal, bird or fish unlawfully killed or possessed. The 11
court shall fix the manner and time of payment. 12
5. The Department may attempt to collect all penalties and 13
installments that are in default in any manner provided by law for 14
the enforcement of a judgment. 15
6. If a person who is ordered to pay a civil penalty pursuant to 16
this section fails to do so within 90 days after the date set forth in 17
the order, the Department may suspend, revoke, or refuse to issue or 18
renew any license, tag, permit, certificate or other document or 19
privilege otherwise available to the person pursuant to this title 20
or chapter 488 of NRS. 21
7. Each court that receives money pursuant to the provisions of 22
this section shall forthwith remit the money to the Department 23
which shall deposit the money with the State Treasurer for credit to 24
the Wildlife Account in the State General Fund. 25
8. As used in this section, “trophy big game mammal” means a 26
mule deer with an outside antler measurement of at least 24 inches, 27
a bighorn sheep of any species with at least one horn exceeding a 28
half curl, a Rocky Mountain elk with at least six antler points on one 29
antler, a pronghorn antelope with at least one horn which is more 30
than 14 inches in length, a moose, a mountain goat or a black bear. 31
As used in this subsection: 32
(a) “Antler” means any bony growth originating from the 33
pedicle portion of the skull of a big game mammal that is annually 34
cast and regenerated as part of the annual life cycle of the big game 35
mammal. 36
(b) “Antler point” means a projection which is at least 1 inch in 37
length with the length exceeding the width of its base . [, excluding] 38
The term does not include the first point on the main beam , 39
commonly known as the eye guard , on mule deer. 40
(c) “Horn exceeding a half curl” means a horn tip that has grown 41
at least through 180 degrees of a circle determined by establishing a 42
parallel reference line from the base of the horn and measuring the 43
horn tip to determine whether the horn tip has grown at least to the 44
projection of the reference line. 45
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(d) “Outside antler measurement” means the perpendicular 1
measurement at right angles to the center line of the skull of a deer 2
at the widest point between the main antler beams or the antler 3
points off the main antler beams. 4
Sec. 10. NRS 502.140 is hereby amended to read as follows: 5
502.140 1. Tags may be used as a method of enforcing a 6
limit of the number of any species which may be taken by any one 7
person in any one season or year, and may be issued in such a 8
manner that only a certain number may be used in any one 9
management area, or that one tag may be used in several 10
management areas, as designated by the Commission. 11
2. The Commission shall designate the number of tags for any 12
species which may be obtained by any one person, and it is unlawful 13
for any person to obtain tags for the person’s use in excess of this 14
number. Except as otherwise provided in NRS 502.145 and the 15
regulations adopted by the Commission pursuant to subsection [9] 8 16
of NRS 501.181, it is unlawful for any person to use or possess tags 17
issued to any other person, or to transfer or give tags issued to him 18
or her to any other person. 19
Sec. 11. NRS 503.590 is hereby amended to read as follows: 20
503.590 1. [Except as otherwise provided in this section, a] A 21
person may maintain a noncommercial collection of legally obtained 22
live wildlife if: 23
(a) Such a collection is not maintained for public display nor as 24
a part of or adjunct to any commercial establishment; and 25
(b) The wildlife contained in such a collection is of a species 26
which may be possessed in accordance with regulations adopted by 27
the Commission pursuant to subsection 2 of NRS 504.295. 28
2. The Commission may adopt reasonable regulations 29
establishing minimum standards for the fencing or containment of 30
any collection of wildlife. 31
[3. The provisions of this section do not apply to alternative 32
livestock and products made therefrom.] 33
Sec. 12. NRS 503.597 is hereby amended to read as follows: 34
503.597 1. Except as otherwise provided in this section, it is 35
unlawful, except by the written consent and approval of the 36
Department, for any person at any time to receive, bring or have 37
brought or shipped into this State, or remove from one stream or 38
body of water in this State to any other, or from one portion of the 39
State to any other, or to any other state, any aquatic life or wildlife, 40
or any spawn, eggs or young of any of them. 41
2. The Department shall require an applicant to conduct an 42
investigation to confirm that such an introduction or removal will 43
not be detrimental to the wildlife or the habitat of wildlife in this 44
State. Written consent and approval of the Department may be given 45
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only if the results of the investigation prove that the introduction, 1
removal or importation will not be detrimental to existing aquatic 2
life or wildlife, or any spawn, eggs or young of any of them. 3
3. The Commission may through appropriate regulation 4
provide for the inspection of such introduced or removed creatures 5
and the inspection fees therefor. 6
4. The Commission may adopt regulations to prohibit the 7
importation, transportation or possession of any species of wildlife 8
which the Commission deems to be detrimental to the wildlife or the 9
habitat of the wildlife in this State. 10
5. A person who knowingly or intentionally introduces, causes 11
to be introduced or attempts to introduce an aquatic invasive species 12
or injurious aquatic species into any waters of this State is guilty of: 13
(a) For a first offense, a misdemeanor; and 14
(b) For any subsequent offense, a category E felony and shall be 15
punished as provided in NRS 193.130. 16
6. A court before whom a defendant is convicted of a violation 17
of subsection 5 shall, for each violation, order the defendant to pay a 18
civil penalty of at least $25,000 but not more than $250,000. The 19
money must be deposited into the Wildlife Account in the State 20
General Fund and used to: 21
(a) Remove the aquatic invasive species or injurious aquatic 22
species; 23
(b) Reintroduce any game fish or other aquatic wildlife 24
destroyed by the aquatic invasive species or injurious aquatic 25
species; 26
(c) Restore any habitat destroyed by the aquatic invasive species 27
or injurious aquatic species; 28
(d) Repair any other damage done to the waters of this State by 29
the introduction of the aquatic invasive species or injurious aquatic 30
species; and 31
(e) Defray any other costs incurred by the Department because 32
of the introduction of the aquatic invasive species or injurious 33
aquatic species. 34
7. The provisions of this section do not apply to [: 35
(a) Alternative livestock and products made therefrom; or 36
(b) The] the introduction of any species by the Department for 37
sport fishing or other wildlife management programs. 38
8. As used in this section: 39
(a) “Aquatic invasive species” means an aquatic species which 40
is exotic or not native to this State and which the Commission has 41
determined to be detrimental to aquatic life, water resources or 42
infrastructure for providing water in this State. 43
(b) “Injurious aquatic species” means an aquatic species which 44
the Commission has determined to be a threat to sensitive, 45
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threatened or endangered aquatic species or game fish or to the 1
habitat of sensitive, threatened or endangered aquatic species or 2
game fish by any means, including, without limitation: 3
(1) Predation; 4
(2) Parasitism; 5
(3) Interbreeding; or 6
(4) The transmission of disease. 7
Sec. 13. NRS 504.185 is hereby amended to read as follows: 8
504.185 The provisions of this section and NRS 504.155 and 9
504.165 do not apply to [: 10
1. Alternative livestock; or 11
2. Game] game mammals not native to this State [, 12
] that are held in captivity for purposes other than as required by 13
the Department. 14
Sec. 14. NRS 504.245 is hereby amended to read as follows: 15
504.245 1. Any species of wildlife [, including alternative 16
livestock,] that: 17
(a) Is released from confinement without the prior written 18
authorization of the Department; or 19
(b) Escapes from the possessor’s control, 20
may be captured, seized or destroyed by the Department if the 21
Department determines that such actions are necessary to protect 22
wildlife and the habitat of wildlife in this State. 23
2. The owner or possessor of such wildlife: 24
(a) Shall report its escape immediately after receiving 25
knowledge of the escape; and 26
(b) Is liable for the costs incurred by the Department to capture, 27
maintain and dispose of the wildlife and for any damage caused by 28
the wildlife. 29
3. The Department is not liable for any damage to wildlife, or 30
caused by wildlife, in carrying out the provisions of this section. 31
Sec. 15. NRS 504.295 is hereby amended to read as follows: 32
504.295 1. Except as otherwise provided in [this section and] 33
NRS 503.590, or unless otherwise specified by a regulation adopted 34
by the Commission, no person may: 35
(a) Possess any live wildlife unless the person is licensed by the 36
Department to do so. 37
(b) Capture live wildlife in this State to stock a commercial or 38
noncommercial wildlife facility. 39
(c) Possess or release from confinement any mammal for the 40
purposes of hunting. 41
2. The Commission shall adopt regulations for the possession 42
of live wildlife. The regulations must set forth the species of wildlife 43
which may be possessed and propagated, and provide for the 44
inspection by the Department of any related facilities. 45
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3. In accordance with the regulations of the Commission, the 1
Department may issue commercial and noncommercial licenses for 2
the possession of live wildlife upon receipt of the applicable fee. 3
[4. The provisions of this section do not apply to alternative 4
livestock and products made therefrom.] 5
Sec. 16. NRS 289.280 is hereby amended to read as follows: 6
289.280 A person designated as a game warden pursuant to 7
NRS [501.349] 501.337 or 501.339 is a peace officer for the 8
purposes of: 9
1. The service of [such] legal process, including warrants and 10
subpoenas . [, as may be required in the enforcement of title 45 of 11
NRS and chapter 488 of NRS.] 12
2. The enforcement of all laws of the State of Nevada . [while 13
they are performing their duties pursuant to title 45 of NRS and 14
chapter 488 of NRS.] 15
Sec. 17. NRS 564.010 is hereby amended to read as follows: 16
564.010 As used in this chapter: 17
1. “Animals” means: 18
(a) All cattle or animals of the bovine species. 19
(b) All horses, mules, burros and asses or animals of the equine 20
species. 21
(c) All swine or animals of the porcine species. 22
(d) All sheep and goats. 23
[(e) Alternative livestock as defined in NRS 501.003.] 24
2. “Department” means the State Department of Agriculture. 25
3. “Director” means the Director of the Department. 26
Sec. 18. NRS 565.010 is hereby amended to read as follows: 27
565.010 As used in this chapter, unless the context otherwise 28
requires: 29
1. “Agricultural police officer” means a person appointed by 30
the Director pursuant to NRS 561.225 who has the powers of a 31
peace officer pursuant to NRS 289.290. 32
2. “Animals” means: 33
(a) All cattle or animals of the bovine species except dairy breed 34
calves under the age of 1 month. 35
(b) All horses, mules, burros and asses or animals of the equine 36
species. 37
(c) All swine or animals of the porcine species. 38
[(d) Alternative livestock as defined in NRS 501.003.] 39
3. “Brand inspection” means a careful visual examination of 40
each animal offered for such inspection and a visual examination of 41
any brands, marks or other characteristics thereon. 42
4. “Department” means the State Department of Agriculture. 43
5. “Director” means the Director of the Department. 44
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Sec. 19. NRS 569.005 is hereby amended to read as follows: 1
569.005 As used in NRS 569.005 to 569.130, inclusive, unless 2
the context otherwise requires, the words and terms defined in 3
NRS [569.006] 569.0065 to 569.0085, inclusive, have the meanings 4
ascribed to them in those sections. 5
Sec. 20. NRS 569.0085 is hereby amended to read as follows: 6
569.0085 “Livestock” means: 7
1. All cattle or animals of the bovine species; 8
2. All horses, mules, burros and asses or animals of the equine 9
species; 10
3. All swine or animals of the porcine species; 11
4. All goats or animals of the caprine species; 12
5. All sheep or animals of the ovine species; and 13
6. All poultry or domesticated fowl or birds . [; and 14
7. All alternative livestock.] 15
Sec. 21. NRS 571.015 is hereby amended to read as follows: 16
571.015 As used in this chapter, unless the context otherwise 17
requires, the words and terms defined in NRS [571.016] 571.017 to 18
571.023, inclusive, have the meanings ascribed to them in those 19
sections. 20
Sec. 22. NRS 571.022 is hereby amended to read as follows: 21
571.022 “Livestock” means: 22
1. All cattle or animals of the bovine species. 23
2. All horses, mules, burros and asses or animals of the equine 24
species. 25
3. All swine or animals of the porcine species. 26
4. All goats or animals of the caprine species. 27
5. All sheep or animals of the ovine species. 28
6. All poultry or domesticated fowl or birds. 29
7. All dogs, cats or other animals domesticated or under the 30
restraint or control of humans. 31
[8. All alternative livestock.] 32
Sec. 23. NRS 571.210 is hereby amended to read as follows: 33
571.210 1. Except as otherwise provided in this section, a 34
person, or the person’s agent or employee may bring into this State 35
any animal not under special quarantine by the State of Nevada, the 36
Federal Government, or the state, territory or district of origin in 37
compliance with regulations adopted by the State Quarantine 38
Officer. 39
2. Notice that an animal is in transit is not required unless the 40
animal remains in this State, or is to be unloaded in this State to feed 41
and rest for longer than 48 hours. 42
3. A person, or the person’s agent or employee shall not bring 43
any animal into this State unless he or she has obtained a health 44
certificate showing that the animal is free from contagious, 45
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infectious or parasitic diseases or exposure thereto. This requirement 1
does not apply to any animal whose accustomed range is on both 2
sides of the Nevada state line and which is being moved from one 3
portion to another of the accustomed range merely for pasturing and 4
grazing thereon. The State Quarantine Officer shall adopt 5
regulations concerning the form of the certificate. 6
4. A person, or the person’s agent or employee shall not: 7
(a) Alter a health certificate; or 8
(b) Divert any animal from the destination described on the 9
health certificate without notifying the State Quarantine Officer 10
within 72 hours after the diversion of the animal. 11
5. To protect this State from the effects of chronic wasting 12
disease, a person, or the person’s agent or employee shall not 13
knowingly bring into this State any live: 14
(a) Elk (Cervus elaphus); 15
(b) Mule deer (Odocoileus hemionus); 16
(c) White-tailed deer (Odocoileus virginianus); 17
(d) Moose (Alces alces); or 18
(e) [Alternative livestock, unless in accordance with a permit 19
obtained pursuant to NRS 576.129; or 20
(f)] Other animal that the State Quarantine Officer has, by 21
regulation, declared to be susceptible to chronic wasting disease and 22
prohibited from importation into this State. 23
6. Any animal knowingly brought into this State in violation of 24
this section may be seized, destroyed or sent out of this State by the 25
State Quarantine Officer within 48 hours. The expense of seizing, 26
destroying or removing the animal must be paid by the owner or the 27
owner’s agent in charge of the animal and the expense is a lien on 28
the animal, unless it was destroyed, until paid. 29
Sec. 24. NRS 573.010 is hereby amended to read as follows: 30
573.010 As used in this chapter: 31
1. “Annual sale of livestock” means any sale of livestock: 32
(a) To which any member of the public may consign livestock 33
for sale or exchange through public bidding at the sale of the 34
livestock; and 35
(b) Which is conducted for not more than 2 consecutive days 36
during a calendar year. 37
2. “Consignor” means any person consigning, shipping or 38
delivering livestock to a public livestock auction for sale, resale or 39
exchange. 40
3. “Department” means the State Department of Agriculture. 41
4. “Director” means the Director of the Department. 42
5. “Livestock” means [: 43
(a) Cattle,] cattle, sheep, goats, horses, mules, asses, burros, 44
swine or poultry . [; and 45
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(b) Alternative livestock as defined in NRS 501.003.] 1
6. “Operator of a public livestock auction” means any person 2
holding, conducting or carrying on a public livestock auction. 3
7. “Public livestock auction” means any sale or exchange of 4
livestock held by any person at an established place of business or 5
premises where the livestock is assembled for sale or exchange, and 6
is exchanged or sold at auction or upon a commission basis at 7
regular or irregular intervals. The term does not include an annual 8
sale of livestock. 9
Sec. 25. NRS 576.129 is hereby amended to read as follows: 10
576.129 [1. It] Except as otherwise provided in NRS 11
571.210, it is unlawful for any person to import, possess or 12
propagate any alternative livestock . [unless the person first obtains 13
from the State Board of Agriculture a permit that authorizes the 14
person to do so. 15
2. The State Board of Agriculture shall adopt regulations for 16
the importation, possession and propagation of alternative livestock. 17
The regulations must set forth requirements for: 18
(a) Facilities used to confine alternative livestock, including 19
minimum requirements for fencing to prevent the escape of 20
alternative livestock. 21
(b) The genetic testing of alternative livestock. 22
(c) Keeping and maintaining records related to the importation, 23
transfer, possession and propagation of alternative livestock. 24
(d) Identifying and marking alternative livestock. 25
(e) Marketing alternative livestock. 26
(f) The filing of any bonds which may be required by the State 27
Board of Agriculture. 28
3. In adopting the regulations required by subsection 2, the 29
State Board of Agriculture shall consult with the Department of 30
Wildlife and the Board of Wildlife Commissioners concerning the 31
provisions that are necessary to protect wildlife in this state and in 32
the areas designated as areas of special concern by the Board of 33
Wildlife Commissioners pursuant to NRS 501.181. 34
4. The State Board of Agriculture shall establish by regulation 35
a schedule of fees required to be paid for a permit issued pursuant to 36
this section. The fees established must not exceed the approximate 37
cost to the Board of carrying out the provisions of this section.] 38
Sec. 26. Any regulations adopted by the State Board of 39
Agriculture pursuant to NRS 576.129, as that section existed before 40
the effective date of section 25 of this act, are void. The Legislative 41
Counsel shall remove those regulations from the Nevada 42
Administrative Code as soon as practicable after the effective date 43
of this section. 44
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Sec. 27. NRS 503.242, 569.006, 571.016 and 576.131 are 1
hereby repealed. 2
Sec. 28. This act becomes effective upon passage and 3
approval. 4
LEADLINES OF REPEALED SECTIONS
503.242 Unlawful to hunt alternative livestock.
569.006 “Alternative livestock” defined.
571.016 “Alternative livestock” defined.
576.131 Alternative livestock: Recapture of escaped
livestock; impoundment; liability of owner.
H