[Rev. 2/11/2014 12:50:39 PM]

[NAC-503 Revised Date: 1-14]

CHAPTER 503 - HUNTING, FISHING AND TRAPPING; MISCELLANEOUS PROTECTIVE MEASURES

GENERAL PROVISIONS

503.0001          Definitions.

503.0007          “Commission” defined.

503.001            “Department” defined.

503.0015          “Endangered” defined.

503.003            “Nontoxic shot” defined.

503.0035          “Protected” defined.

503.004            “Sensitive” defined.

503.0045          “Threatened” defined.

503.0047          “Edible portion” interpreted.

CLASSIFICATION AND TAKING OF WILDLIFE

503.005            Applicability.

503.015            Wild mammals.

503.020            Game mammals.

503.025            Fur-bearing mammals.

503.030            Protected, threatened and sensitive mammals.

503.035            Unprotected mammals.

503.040            Wild birds.

503.045            Game birds: Upland and migratory.

503.050            Protected, endangered and sensitive birds.

503.055            Unprotected birds.

503.060            Game fish.

503.065            Protected, endangered and threatened fish.

503.067            Sensitive fish.

503.070            Unprotected fish.

503.072            Injurious aquatic species: Fish; mollusks; amphibians; crustaceans.

503.074            Aquatic invasive species: Mollusks.

503.075            Amphibians.

503.080            Reptiles.

503.090            Seasons: Protected wildlife; unprotected wildlife.

503.093            Appropriate license, permit or authorization required to hunt, take or possess protected wildlife; exceptions; limitation on possession of desert tortoises.

503.0935          Special permit for handling, moving or temporarily possessing protected wildlife.

503.094            Scientific permit for collection or possession of wildlife.

503.095            Permit to collect unprotected wildlife for commercial purposes.

503.097            Collection of unprotected wildlife for commercial purposes: General requirements.

503.099            Collection of unprotected wildlife for commercial purposes: Compliance with applicable law.

503.100            Taking of bullfrogs or crayfish.

503.101            Factors for classification of wildlife as game.

503.102            Factors for classification of wildlife as fur-bearing mammal.

503.103            Criteria for classification of wildlife as protected.

503.104            Criteria for classification of wildlife as sensitive.

POSSESSION, TRANSPORTATION, IMPORTATION, EXPORTATION AND RELEASE OF WILDLIFE

503.108            “Evidence of lawful possession” defined.

503.110            Restrictions on importation, transportation and possession of certain species.

503.115            Restriction on transportation of live game fish.

503.130            Inspection of imported wildlife: Notification by Department.

503.135            Permit to release wildlife.

503.140            Species for which certain permits and licenses are not required: Specification; release; sale; exceptions.

HUNTING AND TRAPPING: GENERALLY

503.141            “Longbow” defined.

503.142            Hunting big game mammal with firearm.

503.143            Hunting with crossbow.

503.144            Hunting with longbow and arrow.

503.145            Sight attached to firearm, longbow or crossbow.

503.146            Scope permit for person with visual disability: Issuance; application; validity.

503.147            Hunting with a dog.

503.1475          Transmitting devices attached to wildlife.

503.148            Use of aircraft, hot air balloons, satellites or other devices.

503.149            Baiting big game mammals.

503.150            Registration of traps.

503.152            Minimum visitation of traps, snares and similar devices.

503.153            Steel leghold traps: Definitions.

503.155            Steel leghold traps: Spacers.

503.157            Steel leghold traps: Use of bait.

503.160            Data regarding trapping activities: Authority of Department; duty of person purchasing trapping license; denial and reinstatement of certain privileges.

503.165            Trapping within one-half mile of certain residences.

503.170            Restrictions on deer hunting in particular areas; prohibition on use or possession of certain shotgun rounds in particular areas.

503.173            Maintenance of cape or scalp and antlers or horns with carcass of wildlife.

503.174            Sale of nonedible parts of legally killed game; exception for gall bladder of any species of bear.

503.175            Unlawful to disguise sex characteristics of animals.

503.180            Adoption by reference of federal regulations applicable to hunting of migratory game birds.

503.183            Hunting of certain migratory game birds: Nontoxic shot required; possession of noncomplying shot prohibited.

503.185            Transportation of blue or ruffed grouse.

503.187            Weapons and type of shot permitted for hunting wild turkey.

503.189            Use of flashlight when hunting mountain lion.

503.191            Reasonable effort required to take wildlife.

503.192            Obstruction or contamination of or interference with guzzler prohibited.

503.193            Exceptions to requirement of hunting license or permit or trapping license.

503.195            Exceptions to requirement of license or permit to hunt upland game birds.

RAPTORS

503.200            Definitions.

503.205            License or permit required to hunt, trap, possess or sell raptors; possession of eggs and feathers.

503.210            Practice of falconry: General requirements.

503.212            Banding of raptors.

503.214            Duties of owner of raptor if leg band must be removed or is lost.

503.215            Altering, counterfeiting or defacing of leg band prohibited; exception.

503.217            Exemption from banding requirements; duties of owner of raptor if raptor is exempt from banding requirements.

503.220            Introduction into or removal from State of raptors.

503.225            Transfer, sale, trade, barter, purchase or acquisition by trade or barter of raptors.

503.226            Required reporting of acquisition, transfer, release, loss, rebanding, microchip implantation, death or theft of raptor.

503.227            Transfer of raptor originally taken from wild to holder of permit for captive propagation of raptors.

503.228            Possession and transfer of raptor if owner of raptor dies.

503.230            Release of raptors.

503.235            Falconry license: Requirement; application; examination; reinstatement; conditions; exceptions.

503.240            Falconry license: Classifications; issuance.

503.245            Sponsorship of apprentice licensee.

503.250            Possession and replacement of raptors by apprentice licensee, general licensee or master licensee.

503.255            Equipment required before obtaining raptor; inspection by Department.

503.260            Inspections.

503.265            Application for license must include information on raptors in applicant’s possession.

503.300            Permit to take raptors: Quota; falconry license required.

503.305            Permit to take raptors: Conditions.

503.310            Use of traps or bird nets to take raptors.

503.315            Permit to rehabilitate raptors; permit for captive breeding and propagation of raptors.

503.320            Taking of raptors for falconry: Attachment of leg band; validation of permit; transportation of raptor from State.

503.325            Taking of raptors for falconry: Return of unused permit and leg band.

503.330            Taking of raptors for falconry: Grounds for denial of permit; reinstatement of privilege; administrative fine.

503.335            Taking of raptors for falconry: Application for permit; falconry license required.

503.340            Taking of raptors for falconry: Fees.

503.345            Taking of raptors for falconry: Filling of quotas for permits.

503.350            Taking of raptors for falconry: Authorization for another person to take raptors for holder of permit.

503.355            Taking of raptors for falconry: Retaking of raptors.

503.360            Taking of raptors for falconry: Requirements if raptor is injured while being taken.

503.365            Taking of raptor to which research band, research marking or transmitter is attached.

503.370            Taking of peregrine falcon to which research band, research marking or transmitter is attached.

503.375            Housing of raptors: General requirements.

503.380            Housing of raptors: Indoor facilities; owners’ residences.

503.385            Housing of raptors: Outdoor facilities.

503.390            Housing of raptors: Inspection of facilities.

503.395            Housing of raptors: Outside this State; in this State by nonresident.

503.400            Requirements for temporarily keeping raptor outdoors.

503.405            Care of raptor by falconry licensee who is not owner of raptor.

503.415            Care of raptor by person who is not falconry licensee and not owner of raptor.

503.425            Loan of raptor to holder of permit for captive propagation of raptors.

503.435            Requirements for assisting raptor rehabilitator.

503.440            Hacking of raptors.

503.445            Use of raptors in conservation education programs.

503.450            Use of raptors for filming, photographing or other recordings related to practice of falconry; prohibited use of raptors for certain commercial purposes.

503.455            Use of raptors to conduct abatement activities.

503.460            Disposition of dead raptor.

503.465            Hybrid raptors.

503.470            Compliance with federal law relating to raptors and falconry.

FISHING

503.500            Definitions.

503.502            Bait: General authority to and restrictions on capture, transport and use.

503.504            Western Region: Applicable waters; restrictions on bait and lures.

503.506            Eastern Region: Applicable waters; restrictions on bait and lures.

503.507            Southern Region: Applicable waters; restrictions on bait and lures.

503.508            Use of bait in particular areas: Colorado River, Lake Mead and Lake Mohave.

503.510            Aquatic bait and live bait: Capture, sale, holding and transportation; reference work for naming of species.

503.513            Commercial wildlife permit: Prerequisites to issuance; use; expiration.

503.515            Importation of live bait for commercial purposes.

503.520            Sale of live or aquatic bait: Invoice.

503.530            Importation of live or aquatic bait: Notification of Department.

503.535            Inspection of shipment of live fish or bait: Notification by Department; action upon conclusion; fee.

503.540            Commercial taking, sale and purchase of crayfish.

503.545            Commercial permit to take unprotected fish: Prerequisites to issuance.

503.550            Commercial permit to take unprotected fish: Conditions of use.

503.555            Commercial permit to take unprotected fish: Amendment or revocation by Department.

503.560            Certification of certain facilities as free from disease: General requirements; inspection of facilities.

503.565            Certification of certain facilities as free from disease: Revocation and reinstatement; expiration and renewal.

503.575            Noncommercial license for possession of endemic species of fish: Prerequisites; use.

503.580            Unprotected fish and bullfrogs: Methods of taking.

503.583            Ice fishing: Size of holes.

503.586            Filleting of fish.

503.590            Fishing in Lake Mead, Lake Mohave or Colorado River.

503.591            Spearfishing for striped bass.

503.592            Use of mechanical device to propel spear.

503.593            Waters in which chumming and fishing with a spear prohibited.

COMPETITIVE FIELD TRIALS

503.610            Permits: Authority to conduct certain activities; application; use.

503.620            Conducting competitive field trials and training.

503.630            Upland game birds: Permit for importation.

503.640            Upland game birds: Prerequisites to release; inspection by Department.

503.650            Upland game birds: Legbands.

WILDLIFE DEPREDATION

503.710            Wildlife depredation permit: Prerequisites to issuance.

503.720            Wildlife depredation permit: Contents.

503.730            Wildlife depredation permit: Ownership and disposition of wildlife taken.

503.740            Wildlife depredation permit: Limitation on use; federal permits.

503.760            Permits to control bobcats, coyotes or ravens from aircraft.

DREDGING PERMITS

503.810            Application for permit.

503.820            Expiration, scope, use, transferability and cancellation of permit.

 

 

GENERAL PROVISIONS

      NAC 503.0001  Definitions. (NRS 501.105, 501.181)  As used in this chapter, unless the context otherwise requires, the words and terms defined in NAC 503.0007 to 503.0045, inclusive, have the meanings ascribed to them in those sections.

     (Added to NAC by Bd. of Wildlife Comm’rs by R054-02, 11-19-2002, eff. 3-1-2003; A by R133-04, 10-28-2004; R093-05, 10-31-2005)

      NAC 503.0007  “Commission” defined. (NRS 501.105, 501.181)  “Commission” means the Board of Wildlife Commissioners.

     (Added to NAC by Bd. of Wildlife Comm’rs by R093-05, eff. 10-31-2005)

      NAC 503.001  “Department” defined. (NRS 501.105, 501.181)  “Department” means the Department of Wildlife.

     (Supplied in codification; A by Bd. of Wildlife Comm’rs by R054-02, 11-19-2002, eff. 3-1-2003; A by R138-03, 1-20-2004)

      NAC 503.0015  “Endangered” defined. (NRS 501.105, 501.181)  “Endangered” means when a species or subspecies is in danger of extinction throughout all or a significant portion of its range.

     (Added to NAC by Bd. of Wildlife Comm’rs by R133-04, eff. 10-28-2004)

      NAC 503.003  “Nontoxic shot” defined. (NRS 501.105, 501.181)  “Nontoxic shot” means any shot that has been approved by the United States Fish and Wildlife Service pursuant to 50 C.F.R. § 20.134.

     (Added to NAC by Bd. of Wildlife Comm’rs by R054-02, 11-19-2002, eff. 3-1-2003)

      NAC 503.0035  “Protected” defined. (NRS 501.105, 501.181)  “Protected” means when a species or subspecies is classified as protected by the Commission pursuant to NAC 503.103.

     (Added to NAC by Bd. of Wildlife Comm’rs by R133-04, eff. 10-28-2004)

      NAC 503.004  “Sensitive” defined. (NRS 501.105, 501.181)  “Sensitive” means when a species or subspecies is classified as sensitive by the Commission pursuant to NAC 503.104.

     (Added to NAC by Bd. of Wildlife Comm’rs by R133-04, eff. 10-28-2004)

      NAC 503.0045  “Threatened” defined. (NRS 501.105, 501.181)  “Threatened” means when a species or subspecies is likely to become an endangered species in the near future throughout all or a significant portion of its range.

     (Added to NAC by Bd. of Wildlife Comm’rs by R133-04, eff. 10-28-2004)

      NAC 503.0047  “Edible portion” interpreted. (NRS 501.105, 501.181, 503.050)

     1.  As used in NRS 503.050, the Commission will interpret “edible portion” to mean, with respect to:

     (a) A big game mammal, except mountain lions and black bears:

          (1) The meat of the front quarters to the knee;

          (2) The meat of the hind quarters to the hock; and

          (3) The meat along the backbone between the front quarters and hind quarters;

     (b) A game mammal:

          (1) The meat of the front quarters to the elbow;

          (2) The meat of the hind quarters to the hock; and

          (3) The meat along the backbone between the front quarters and hind quarters;

     (c) A game bird, the meat of the breast; and

     (d) A game fish, the fillet meat from the gill plate to the tail fin.

     2.  The term does not include:

     (a) Meat from the head or neck;

     (b) Meat that has been damaged and rendered inedible by the method of taking;

     (c) Meat that is reasonably lost as a result of boning or close trimming of bones;

     (d) Bones;

     (e) Sinew; or

     (f) Viscera.

     3.  As used in this section:

     (a) “Elbow” means the distal joint of the humerus.

     (b) “Gill plate” means the operculum.

     (c) “Hock” means the distal joint of the tibia-fibula.

     (d) “Knee” means the distal joint of the radius-ulna.

     (e) “Tail fin” means the caudal fin.

     (Added to NAC by Bd. of Wildlife Comm’rs by R041-09, eff. 10-27-2009)

CLASSIFICATION AND TAKING OF WILDLIFE

      NAC 503.005  Applicability. (NRS 501.105, 501.181)  The provisions of NAC 503.005 to 503.104, inclusive, do not apply to any species or subspecies of wildlife that was classified before June 1, 1992, unless that species or subspecies is being reclassified pursuant to a regulation of the Commission.

     (Added to NAC by Bd. of Wildlife Comm’rs, eff. 7-6-92; A by R133-04, 10-28-2004)

      NAC 503.015  Wild mammals. (NRS 501.105, 501.110, 501.181)  Wild mammals include all species classified as game, fur-bearing, protected and unprotected mammals.

     (Supplied in codification; A by Bd. of Wildlife Comm’rs by R133-04, 10-28-2004)

      NAC 503.020  Game mammals. (NRS 501.105, 501.110, 501.181)  The following wild mammals are further classified as game mammals:

 

 

Common Name

Scientific Name

 

 

 

     1.  Antelope

Pronghorn.................................

Antilocapra americana

     2.  Bear

Black.........................................

Ursus americanus

     3.  Deer

Mule..........................................

Odocoileus hemionus

     4.  Goat

Mountain...................................

Oreamnos americanus

     5.  Lion

Mountain (Cougar)...................

Felis concolor

     6.  Moose

 

Alces alces

     7.  Peccary

 

Pecari angulatus

     8.  Rabbit

Cottontail (Audubon)...............

Sylvilagus audubonii

 

Cottontail (Nuttall)...................

Sylvilagus nuttallii

 

Pygmy.......................................

Sylvilagus idahoensis

 

Snowshoe..................................

Lepus americanus

 

White-tailed Jack......................

Lepus townsendii

     9.  Sheep

Bighorn.....................................

Ovis canadensis canadensis

Ovis canadensis nelsoni

Ovis canadensis californiana

     10.  Elk

Rocky Mountain.......................

Cervus elaphus nelsoni

     11.  Wolf

Gray..........................................

Canis lupus

 

     [Bd. of Fish & Game Comm’rs, part No. 1, eff. 7-1-69; A 10-1-76]—(NAC A by Bd. of Wildlife Comm’rs, 2-28-94; R133-04, 10-28-2004; R059-08, 8-26-2008)

      NAC 503.025  Fur-bearing mammals. (NRS 501.105, 501.110, 501.181)  Fur-bearing mammals include:

 

 

Common Name

Scientific Name

 

 

 

     1.  Beaver

 

Castor canadensis

     2.  Bobcat

 

Lynx rufus

     3.  Fox

Gray..........................................

Urocyon cinereoargenteus

 

Kit (Swift)................................

Vulpes velox

 

Red...........................................

Vulpes vulpes

     4.  Marten

American...................................

Martes americana

     5.  Mink

 

Mustela vison

     6.  Muskrat

 

Ondatra zibethica

     7.  Otter

River.........................................

Lontra canadensis

 

     [Bd. of Fish & Game Comm’rs, part No. 1, eff. 7-1-69; A 10-1-76; 10-15-77]—(NAC A by Bd. of Wildlife Comm’rs by R133-04, 10-28-2004)

      NAC 503.030  Protected, threatened and sensitive mammals. (NRS 501.105, 501.110, 501.181)

     1.  Protected mammals include:

 

 

Common Name

Scientific Name

 

 

 

     (a) Pika

 

Ochotona princeps

     (b) Squirrel

Chickaree (Douglas).................

Tamiasciurus douglasi

 

Northern Flying........................

Glaucomys sabrinus

 

Western Gray............................

Sciurus griseus

     (c) Bat

Fringed......................................

Myotis thysanoides

 

Pallid.........................................

Antrozous pallidus

 

Allen’s Lappet-eared................

Idionycteris phyllotis

 

Brazilian Free-tailed..................

Tadarida brasiliensis

     (d) Mouse

Dark Kangaroo.........................

Microdipodops megacephalus

    

Pale Kangaroo...........................

Microdipodops pallidus

     (e) Wolverine

 

Gulo gulo

 

     2.  The following species of protected mammal is further classified as threatened:

 

 

Common Name

Scientific Name

 

 

 

     Bat

Spotted.....................................

Euderma maculatum

 

      3.  The following species of protected mammals are further classified as sensitive:

 

Common Name

Scientific Name

 

 

 

     (a) Bat

California Leaf-nosed...............

Macrotus californicus

 

Western Red.............................

Lasiurus blossevillii

 

Townsend’s Big-eared..............

Corynorhinus townsendii

 

Western Mastiff........................

Eumops perotis

(b) Beaver

Sierra Mountain........................

Aplodontia rufa californica

(c) Chipmunk

Hidden Forest Uinta.................

Tamias umbrinus nevadensis

 

Palmer’s....................................

Tamias palmeri

(d) Vole

Ash Meadows Montane............

Microtus montanus nevadensis

 

Pahranagat Valley Montane......

Microtus montanus fucosus

 

     [Bd. of Fish & Game Comm’rs, part No. 1, eff. 7-1-69; A 10-1-76; 10-15-77]—(NAC A by Bd. of Wildlife Comm’rs, 7-6-92; R133-04, 10-28-2004; R155-08, 9-18-2008)

      NAC 503.035  Unprotected mammals. (NRS 501.105, 501.110, 501.181)  Unprotected mammals:

     1.  Are all species of mammals which are not classified as game, fur-bearing, protected, sensitive, threatened or endangered animals.

     2.  Include:

 

 

Common Name

Scientific Name

 

 

 

     (a) Coyote

 

Canis latrans

     (b) Rabbit

Black-tailed Jack.......................

Lepus californicus

     (c) Skunk

Spotted.....................................

Spilogale gracilis

 

Striped......................................

Mephitis mephitis

     (d) Weasel

Long-tailed...............................

Mustela frenata

 

Short-tailed...............................

Mustela erminea

 

     [Bd. of Fish & Game Comm’rs, part No. 1, eff. 7-1-69; A 10-1-76]—(NAC A by Bd. of Wildlife Comm’rs, 7-6-92; R133-04, 10-28-2004)

      NAC 503.040  Wild birds.  Wild birds include all species classified as game, protected and unprotected birds.

     (Supplied in codification)

      NAC 503.045  Game birds: Upland and migratory. (NRS 501.105, 501.110, 501.181)  Game birds are classified as:

     1.  Upland game birds, which include:

 

 

Common Name

Scientific Name

 

 

 

     (a) Grouse

Blue...........................................

Dendragapus obscurus

 

Ruffed......................................

Bonasa umbellus

 

Sage..........................................

Centrocercus urophasianus

 

Sharp-tailed...............................

Tympanuchus phasianellus

     (b) Partridge

Chukar......................................

Alectoris chukar

 

Gray (Hungarian)......................

Perdix perdix

 

Snow.........................................

Tetrogallus himalayensis

     (c) Pheasant

Ring-necked..............................

Phasianus colchicus

 

White-wing...............................

Phasianus colchicus

     (d) Quail

Northern Bobwhite...................

Colinus virginianus

 

California..................................

Callipepla californicus

 

Gambel’s...................................

Callipepla gambelii

 

Mountain...................................

Oreortyx pictus

 

Scaled.......................................

Callipepla squamata

     (e) Turkey

Wild..........................................

Meleagris gallopavo

     (f) Crow

American...................................

Corvus brachyrhynchos

 

     2.  Migratory game birds, which include all species of game birds listed in the Migratory Bird Treaty Act, as amended, 16 U.S.C. §§ 703 et seq., including the families Anatidae (wild ducks, geese, brants and swans), Columbidae (wild doves and pigeons), Gruidae (sandhill cranes), Rallidae (rails, coots and gallinules) and Scolopacidae (woodcocks and snipes).

     [Bd. of Fish & Game Comm’rs, part No. 1, eff. 7-1-69; A 10-1-76]—(NAC A by Bd. of Wildlife Comm’rs, 9-19-90; R199-97, 5-27-98; R133-04, 10-28-2004)

      NAC 503.050  Protected, endangered and sensitive birds. (NRS 501.105, 501.110, 501.181)  Protected birds:

     1.  Are all species of wild birds protected by the Migratory Bird Treaty Act, as amended, 16 U.S.C. §§ 703 et seq., and listed in 50 C.F.R. § 10.13, unless such wild birds are migratory game birds as described in subsection 2 of NAC 503.045.

     2.  Include the following species which are further classified as endangered:

 

 

Common Name

Scientific Name

 

 

 

     (a) Eagle

Bald..........................................

Haliaeetus leucocephalus

     (b) Falcon

Peregrine...................................

Falco peregrinus

     (c) Rail

Yuma Clapper...........................

Rallus longirostris yumanensis

     (d) Flycatcher

Southwestern Willow...............

Empidonax traillii extimus

 

     Applicable federal law is the Migratory Bird Treaty Act, as amended, 16 U.S.C. §§ 703 et seq., the Bald Eagle Protection Act, as amended, 16 U.S.C. §§ 668 et seq., and federal regulations adopted pursuant thereto.

     3.  Include the following species which are further classified as sensitive:

 

 

Common Name

Scientific Name

 

 

 

     (a) Goshawk

Northern....................................

Accipiter gentilis

     (b) Cuckoo

Yellow-billed............................

Coccyzus americanus

     (c) Shrike

Loggerhead...............................

Lanius ludovicianus

     (d) Thrasher

Sage..........................................

Oreoscoptes montanus

     (e) Sparrow

Brewer’s....................................

Spizella breweri

 

     Applicable federal law is the Migratory Bird Treaty Act, as amended, 16 U.S.C. §§ 703 et seq., and federal regulations adopted pursuant thereto.

     [Bd. of Fish & Game Comm’rs, part No. 1, eff. 7-1-69; A 6-1-71; 5-15-74; 10-1-76]—(NAC A by Bd. of Wildlife Comm’rs by R133-04, 10-28-2004)

      NAC 503.055  Unprotected birds. (NRS 501.105, 501.110, 501.181)  Unprotected birds:

     1.  Are all species of birds which are not classified as game, protected, threatened or endangered birds.

     2.  Include:

 

 

Common Name

Scientific Name

 

 

 

 

House Sparrow .......................

Passer domesticus

 

Starling....................................

Sturnus vulgaris

 

     [Bd. of Fish & Game Comm’rs, part No. 1, eff. 7-1-69; A 7-1-70; 5-15-74; 10-1-76]—(NAC A by Bd. of Wildlife Comm’rs, 7-6-92)

      NAC 503.060  Game fish. (NRS 501.105, 501.110, 501.181)  The following species of fish and all hybrids thereof are classified as game fish:

     1.  Cold-water game fish are:

 

 

Common Name

Scientific Name

 

 

 

     (a) Cutthroat trout

Bonneville...............................

Oncorhynchus clarki utah

 

Lahontan.................................

Oncorhynchus clarki henshawi

 

Snake River (Yellowstone).....

Oncorhynchus clarki bouvieri

     (b) Salmon

 

Oncorhynchus ssp.

 

Atlantic....................................

Salmo salar

     (c) Trout

Brook.......................................

Salvelinus fontinalis

 

Brown......................................

Salmo trutta

 

Bull..........................................

Salvelinus confluentis

 

Lake.........................................

Salvelinus namyaycush

 

Rainbow..................................

Oncorhynchus mykiss

 

Redband..................................

Oncorhynchus mykiss gibbsi

     (d) Whitefish

Mountain.................................

Prosopium williamsoni

 

     2.  Warm-water game fish are:

 

 

Common Name

Scientific Name

 

 

 

     (a) Bullhead

Black.......................................

Ameiurus melas

 

Brown......................................

Ameiurus nebulosus

     (b) Catfish

Channel...................................

Ictalurus punctatus

 

White.......................................

Ameiurus catus

     (c) Bass

Striped.....................................

Morone saxatilis

 

White.......................................

Morone chrysops

 

Largemouth Black...................

Micropterus salmoides

 

Smallmouth Black...................

Micropterus dolomieu

 

Spotted....................................

Micropterus punctulatus

     (d) Crappie

Black.......................................

Pomoxis nigromaculatus

 

White.......................................

Pomoxis annularis

     (e) Perch

Sacramento..............................

Archoplites interruptus

 

Yellow.....................................

Perca flavescens

     (f) Sunfish

Bluegill....................................

Lepomis macrochirus

 

Green.......................................

Lepomis cyanellus

 

Redear.....................................

Lepomis microlophus

     (g) Walleye

 

Stizostedion vitreum

 

     [Bd. of Fish & Game Comm’rs, part No. 1, eff. 7-1-69; A 7-1-70; 1-1-74]—(NAC A by Bd. of Wildlife Comm’rs, 1-1-81; 12-15-81; 12-1-82; 4-27-84, eff. 5-25-84; 12-11-87; R137-98, 9-25-98; R093-05, 10-31-2005)

      NAC 503.065  Protected, endangered and threatened fish. (NRS 501.105, 501.110, 501.181)

     1.  The following species of fish are classified as protected:

 

Minnows (Cyprinidae)

 

 

Common Name

Scientific Name

 

 

 

 

 

     (a) Chub

Alvord Tui...............................

Gila alvordensis

 

 

Fish Creek Springs Tui............

Gila bicolor euchila

 

 

Sheldon Tui.............................

Gila bicolor eurysoma

 

     (b) Dace

Oasis Valley Speckled.............

Rhinichthys osculus ssp.

 

 

     (c) Spinedace

Virgin........................................

Lepidomeda mollispinis mollispinis

 

Suckers (Catostomidae)

 

 

Common Name

Scientific Name

 

 

 

     (d) Sucker

Wall Canyon............................

Catostomus ssp.

 

Warner.....................................

Catostomus warnerensis

 

White River Desert..................

Catostomus clarki intermedius

 

Killifishes (Cyprinodontidae)

 

 

Common Name

Scientific Name

 

 

 

     (e) Springfish

Moorman White River.............

Crenichthys baileyi thermopilus

 

Preston White River................

Crenichthys baileyi albivallis

 

     2.  The following species of protected fish are further classified as endangered:

 

Minnows (Cyprinidae)

 

 

Common Name

Scientific Name

 

 

 

     (a) Chub

Bonytail...................................

Gila elegans

 

Independence Valley Tui........

Gila bicolor isolata

 

Pahranagat Roundtail..............

Gila robusta jordani

 

Virgin River.............................

Gila robusta seminuda

     (b) Dace

Moapa......................................

Moapa coriacea

 

Ash Meadows Speckled..........

Rhinichthys osculus nevadensis

 

Clover Valley Speckled...........

Rhinichthys osculus oligoporus

 

Independence Valley

Speckled..................................

 

Rhinichthys osculus lethoporus

     (c) Spinedace

White River.............................

Lepidomeda albivalis

     (d) Squawfish

Colorado..................................

Ptychocheilus lucius

     (e) Woundfin

 

Plagopterus argentissimus

 

Suckers (Catostomidae)

 

 

Common Name

Scientific Name

 

 

 

     (f) Sucker

Cui-ui.......................................

Chasmistes cujus

 

Razorback................................

Xyrauchen texanus

 

Killifishes (Cyprinodontidae)

 

 

Common Name

Scientific Name

 

 

 

     (g) Poolfish

Pahrump..................................

Empetrichthys latos

     (h) Pupfish

Devil’s Hole............................

Cyprinodon diabolis

 

Warm Springs..........................

Cyprinodon nevadensis pectoralis

     (i) Springfish

Hiko White River....................

Crenichthys baileyi grandis

 

White River.............................

Crenichthys baileyi baileyi

 

     3.  The following species of protected fish are further classified as threatened:

 

Minnows (Cyprinidae)

 

 

Common Name

Scientific Name

 

 

 

     (a) Dace

Desert......................................

Eremichthys acros

     (b) Spinedace

Big Spring...............................

Lepidomeda mollispinis pratensis

 

Killifishes (Cyprinodontidae)

 

 

Common Name

Scientific Name

 

 

 

     (c) Pupfish

Ash Meadows Amargosa........

Cyprinodon nevadensis mionectes

     (d) Springfish

Railroad Valley.......................

Crenichthys nevadae

 

     [Bd. of Fish & Game Comm’rs, part No. 1, eff. 7-1-69; A 7-1-70; 6-1-71; 1-1-73; 1-1-74; 5-15-74; 10-1-76]—(NAC A by Bd. of Wildlife Comm’rs, 1-1-81; 12-15-81; 12-1-82; R137-98, 9-25-98)

      NAC 503.067  Sensitive fish. (NRS 501.105, 501.110, 501.181)  The following species of protected fish are further classified as sensitive:

 

                                                         Minnows (Cyprinidae)

 

 

 

 

Common Name

Scientific Name

 

 

 

     1.  Chub

Big Smoky Valley Tui.............

Gila bicolor ssp.

 

Fish Lake Valley Tui...............

Gila bicolor ssp.

 

Hot Creek Valley Tui..............

Gila robusta ssp.

 

Newark Valley Tui..................

Gila bicolor newarkensis

 

Virgin River (Muddy River Population).........................

 

Gila seminuda

 

Railroad Valley Tui.................

Gila bicolor ssp.

     2.  Dace

Big Smoky Valley Speckled...

Rhinichthys osculus lariversi

 

Monitor Valley Speckled........

Rhinichthys osculus ssp.

 

Moapa Speckled......................

Rhinichthys osculus moapae

 

Relict.......................................

Relictus solitarus

 

White River Speckled.............

Rhinichthys osculus velifer

 

                                                         Suckers (Catostomidae)

 

 

 

 

Common Name

Scientific Name

 

 

 

     3.  Sucker

Meadow Valley Wash Desert..

Catostomus clarki ssp.

 

     (Added to NAC by Bd. of Wildlife Comm’rs, eff. 12-15-81; A 12-1-82; R137-98, 9-25-98)

      NAC 503.070  Unprotected fish. (NRS 501.105, 501.110, 501.181)  Unprotected fish are all species of fish not classified as game, protected, threatened, sensitive or endangered fish.

     [Bd. of Fish & Game Comm’rs, part No. 1, eff. 7-1-69]—(NAC A by Bd. of Wildlife Comm’rs, 12-15-81; 7-6-92)

      NAC 503.072  Injurious aquatic species: Fish; mollusks; amphibians; crustaceans. (NRS 501.105, 501.181, 503.597)  For the purposes of NRS 503.597, the following species are classified as injurious aquatic species:

 

     1.  Fish:

 

Common Name

Scientific Classification

 

 

     (a) Asian swamp eel....................................

All species in the genus Monopterus

     (b) Bighead carp..........................................

Hypophthalmichthys nobilis

     (c) Flathead catfish.....................................

Pylodictus olivaris

     (d) Gars.......................................................

All species in the family Lepisosteidae

     (e) Nile perch...............................................

All species in the genera Lates and Luciolates, except for Lates calcarifer

     (f) Northern pike.........................................

Esox lucius

     (g) Piranhas.................................................

All species in the genera Serrasalmus, Serrasalmo, Pygocentrus, Pristobrycon, Hydrolycus, Rooseveltiella and Pygopristis

     (h) Round goby...........................................

Neogobius melanostomus

     (i) Silver carp...............................................

Hypophthalmichthys molitrix

     (j) Snakeheads.............................................

All species in the genera Ophicephalus, Channa and Parachanna

     (k) South American parasitic catfish...........

All species in the families Cetopsidae and Trichomycteridae

     (l) Tiger fish.................................................

Hoplias malabaricus

 

     2.  Mollusks:

 

Common Name

Scientific Classification

 

 

     Apple snails.....................................................

All species in the genus Pomocea

 

     3.  Amphibians:

 

Common Name

Scientific Classification

 

 

     African clawed frogs......................................

All species in the genus Xenopus

 

     4.  Crustaceans:

 

Common Name

Scientific Classification

 

 

     (a) Rusty crayfish...........................................

Orconectes rusticus

     (b) Australian red claw crayfish.....................

Cherax quadricarinatus

 

     (Added to NAC by Bd. of Wildlife Comm’rs by R152-12, eff. 12-20-2012)

      NAC 503.074  Aquatic invasive species: Mollusks. (NRS 501.105, 501.181, 503.597)  For the purposes of NRS 503.597, the following species are classified as aquatic invasive species:

 

     Mollusks:

 

Common Name

Scientific Classification

 

 

     1.  Golden mussels........................................

Limnoperna fortunei

     2.  New Zealand mud snails.........................

Potamopyrgus antipodarum, P. jenkinsi

     3.  Quagga and zebra mussels.......................

All species in the genus Dreissena

 

     (Added to NAC by Bd. of Wildlife Comm’rs by R152-12, eff. 12-20-2012)

      NAC 503.075  Amphibians. (NRS 501.105, 501.110, 501.181)

     1.  Amphibians are classified as game, protected, threatened, sensitive, endangered or unprotected amphibians.

     2.  The following amphibians are classified as protected:

 

 

Common Name

Scientific Name

 

 

 

     (a) Frog

Northern leopard frog.............

Rana pipiens

 

Relict leopard..........................

Rana onca

 

Spotted....................................

Rana luteiventris

     (b) Toad

Amargosa................................

Bufo nelsoni

 

     3.  Unprotected amphibians are all species of amphibians which are not classified as game, protected, threatened, sensitive or endangered amphibians.

     [Bd. of Fish & Game Comm’rs, part No. 1, eff. 7-1-69; A 5-15-74; 10-1-76]—(NAC A by Bd. of Wildlife Comm’rs by R137-98, 9-25-98; R094-03, 10-30-2003)

      NAC 503.080  Reptiles. (NRS 501.105, 501.110, 501.181)

     1.  The following reptiles are classified as protected:

 

 

Common Name

Scientific Name

 

 

 

     Lizard

Gila Monster.............................

Heloderma suspectum

 

Sierra Alligator..........................

Elgaria coerulea palmeri

 

Shasta Alligator........................

Elgaria coerulea shastaensis

     Snake

Rosy boa...................................

Lichanura trivirgata

 

Sonoran Mountain King...........

Lampropeltis pyromelana

 

     2.  The following protected reptile is further classified as threatened:

 

 

Common Name

Scientific Name

 

 

 

     Tortoise

Desert........................................

Gopherus agassizi

 

     3.  All species of reptiles which are not classified as protected, sensitive, threatened or endangered are unprotected.

     [Bd. of Fish & Game Comm’rs, part No. 1, eff. 7-1-69; A 7-1-70; 10-1-76]—(NAC A by Bd. of Wildlife Comm’rs, 11-10-83; 12-13-91; 7-6-92; R133-04, 10-28-2004; R056-11, 12-30-2011)

      NAC 503.090  Seasons: Protected wildlife; unprotected wildlife. (NRS 501.105, 501.181)

     1.  There is no open season on those species of wild mammals, wild birds, fish, reptiles or amphibians classified as protected.

     2.  There is no closed season on those species of wild mammals or wild birds classified as unprotected.

     [Bd. of Fish & Game Comm’rs, part No. 1, eff. 7-1-69]—(NAC A by Bd. of Wildlife Comm’rs by R133-04, 10-28-2004)

      NAC 503.093  Appropriate license, permit or authorization required to hunt, take or possess protected wildlife; exceptions; limitation on possession of desert tortoises. (NRS 501.105, 501.181)

     1.  Except as otherwise provided in subsection 2, a person shall not hunt or take any wildlife which is classified as protected, or possess any part thereof, without first obtaining the appropriate license, permit or written authorization from the Department.

     2.  Such a license, permit or authorization is not required for:

     (a) The possession of a desert tortoise which:

          (1) Was held in captivity on or before August 4, 1989; or

          (2) Is acquired through an adoption program or another method approved by the United States Fish and Wildlife Service.

     (b) The possession of any species of wildlife classified as protected in Nevada which is:

          (1) Lawfully killed in another state and imported to Nevada; and

          (2) Possessed under the authority of the other state’s appropriate license, tag, permit or other authorization.

     (c) The taking of a protected vector or a protected venomous reptile:

          (1) Which is found in a residence, school or other building open to the public; or

          (2) If the taking is necessary to protect the life of any person in imminent danger of being attacked or bitten by the protected vector or protected venomous reptile.

     3.  A person possessing a desert tortoise pursuant to subparagraph (2) of paragraph (a) of subsection 2 shall not possess more than one desert tortoise.

     4.  As used in this section:

     (a) “Classified as protected” includes wildlife that is classified as sensitive, threatened or endangered.

     (b) “Vector” means a living nonhuman animal capable of carrying infectious disease from one person or animal to another.

     (Added to NAC by Bd. of Wildlife Comm’rs, eff. 12-13-91; A 1-24-92; R077-00, 8-18-2000; R133-04, 10-28-2004; R004-13, 10-23-2013)

REVISER’S NOTE.

      The regulation of the Board of Wildlife Commissioners filed on October 23, 2013, which amended this section, became effective on that date and contains the following provision not included in NAC:

      “The amendatory provisions of section 1 of this regulation [NAC 503.093] do not apply to a person who acquired a desert tortoise specified in subparagraph (2) of paragraph (a) of subsection 2 of that section before May 1, 2013.”

 

      NAC 503.0935  Special permit for handling, moving or temporarily possessing protected wildlife. (NRS 501.105, 501.181, 502.240, 503.597)

     1.  The Department may issue a special permit pursuant to subsection 1 of NRS 503.597 to allow a person to handle, move or temporarily possess any wildlife which is classified as protected for the purpose of reducing or eliminating the risk of harm to the wildlife that may result from any lawful activity conducted on land where the wildlife is located. The fee for such a special permit is $200.

     2.  An applicant for a special permit specified in subsection 1 must include on the application:

     (a) The name and date of birth of the applicant;

     (b) The physical or mailing address and telephone number of the applicant;

     (c) The name, address and telephone number of the place of employment of the applicant;

     (d) The driver’s license number, the state that issued the driver’s license and the date of issue of the driver’s license of the applicant if the applicant holds a driver’s license;

     (e) The name of the company or other entity that the applicant is representing, if different from the employer of the applicant;

     (f) The name of each person who, at the direction of the applicant, will handle, move or temporarily possess the wildlife under the authority of the special permit;

     (g) The common and scientific name and the number of each species of wildlife, or nests or eggs thereof, to be handled, moved or temporarily possessed;

     (h) The manner in which each specimen of wildlife will be handled, moved or temporarily possessed; 

     (i) The locations at which and the dates when the wildlife are to be handled, moved or temporarily possessed;

     (j) The locations at which or to which the wildlife will be handled, moved or temporarily possessed, if any;

     (k) A brief synopsis, not to exceed five pages, of the purpose and justification for the handling, moving or temporary possession of the wildlife; and

     (l) The signature of the applicant and the date on which the applicant signed the application.

     3.  A special permit specified in subsection 1 must be valid for not more than 1 year. Upon its approval of the application and submission of the fee, the Department shall issue the special permit based on a calendar year.

     4.  Based on its evaluation of the application, the Department may make such stipulations and conditions on the use and scope of the special permit as the Department deems appropriate. A violation of a stipulation or condition is cause for the cancellation of the special permit.

     5.  Not later than 30 days after expiration of a special permit specified in subsection 1, the holder of the special permit shall submit to the Department a report which includes, without limitation:   (a) A list of each species of wildlife which is classified as protected that was handled, moved or temporarily possessed, and for each such species:

          (1) The number of wildlife handled, moved or temporarily possessed at each location where the wildlife was handled, moved or temporarily possessed; and

          (2) The date on which the wildlife was handled, moved or temporarily possessed; and

     (b) Any other information which the Department requires.

     6.  A special permit specified in subsection 1 which is issued by the Department for the handling, movement or temporary possession of:

     (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 handling, movement or temporary possession of the migratory bird or the threatened or endangered species until the Department receives a copy of the federal permit issued by the United States Fish and Wildlife Service to the applicant for the handling, movement or temporary possession of the bird or species.

     (Added to NAC by Bd. of Wildlife Comm’rs by R148-12, eff. 12-20-2012)

      NAC 503.094  Scientific permit for collection or possession of wildlife. (NRS 501.105, 501.181, 503.650)

     1.  The Department may issue a scientific permit pursuant to NRS 503.650 which authorizes the taking, killing, possessing or banding of any species of wildlife, or the collecting of the nest or eggs thereof, for strictly scientific or educational purposes.

     2.  An applicant for a scientific permit must include on his or her application:

     (a) The name of the applicant;

     (b) The name of the company or institution that the applicant is representing;

     (c) The physical or mailing addresses of the applicant’s residence and place of employment;

     (d) The telephone numbers of the applicant’s residence and place of employment;

     (e) The driver’s license number of the applicant, if he or she has been issued a driver’s license;

     (f) The name of each person or group of persons who will collect wildlife under the authority of the scientific permit and at the direction of the applicant;

     (g) The common and scientific name and the number of each species of wildlife, or nests or eggs thereof, to be collected, possessed, marked or banded;

     (h) The manner and means by which each specimen of wildlife will be collected or captured;

     (i) The locations at which and the dates when the specimens of wildlife are to be collected;

     (j) A brief synopsis, not to exceed five pages, of the purpose and justification for the collection and possession of the specimens of wildlife;

     (k) The location where the specimens of wildlife will be transferred or held once collected; and

     (l) The signature of the applicant and the date on which the application was signed.

     3.  A scientific permit must be valid for not more than 2 years. Upon its evaluation of the application, the Department will issue the scientific permit based on a calendar year or a fiscal year.

     4.  Not later than 30 days after the date on which the permit expires, the holder of a scientific permit shall submit to the Department a complete report which details the species of wildlife collected, the number of each species of wildlife collected at each location, the date on which each species of wildlife was collected and any other information which the Department requires.

     5.  Based on its evaluation of the application, the Department may make such stipulations and conditions on the use and scope of a scientific permit as the Department determines appropriate. A violation of a stipulation or condition is cause for the cancellation of the permit.

     6.  A scientific permit issued by the Department for the collection or possession of:

     (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 collection or possession of the migratory bird or the threatened or endangered species until the Department receives a copy of the federal permit issued by the United States Fish and Wildlife Service to the applicant for the collection or possession of the bird or species.

     (Added to NAC by Bd. of Wildlife Comm’rs, eff. 7-1-97)

      NAC 503.095  Permit to collect unprotected wildlife for commercial purposes. (NRS 501.105, 501.181, 503.380)

     1.  It is unlawful for a person to collect unprotected wildlife for commercial purposes without a permit.

     2.  Except as otherwise provided in NAC 503.513 and 503.545, the Department will issue a permit authorizing a natural person to collect unprotected wildlife for commercial purposes with a seine, net, noose, trap or other device if, after an investigation is conducted, it is proved to the Department that the collecting will not be detrimental to wildlife or the habitat of the wildlife. The annual fee for a permit issued pursuant to this section is $250.

     3.  An application for a permit issued pursuant to this section must be submitted on a form furnished by the Department or a facsimile of the form.

     4.  An applicant for a permit issued pursuant to this section must include on the application:

     (a) The name of the applicant;

     (b) The physical and mailing addresses of the applicant’s residence and place of employment;

     (c) The telephone numbers of the applicant’s residence and place of employment;

     (d) The driver’s license number of the applicant, if he or she has been issued a driver’s license;

     (e) The date of birth of the applicant;

     (f) The methods and equipment to be used in the collection of the wildlife;

     (g) The location, by county or region, where the wildlife is to be collected;

     (h) The address of the location where the wildlife will be held while it is in the possession of the applicant;

     (i) If the applicant has been convicted of violating the laws or regulations of any state or the United States Fish and Wildlife Service relating to the commercialization of wildlife 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 each conviction occurred; and

     (j) The applicant’s signature and the date on which the application is signed.

     5.  Such a permit is not transferable and may be cancelled by the Department for a violation of its conditions or if operation of the permit is found to be detrimental to wildlife.

     6.  Within 30 days after the expiration of a permit for the collection of unprotected wildlife, the Department may require the person to whom it was issued to report to the Department the number and disposition of the unprotected species he or she has taken. Any failure to submit the report is a cause for denial of a future application for a similar permit.

     (Added to NAC by Bd. of Wildlife Comm’rs, eff. 9-20-83; A 4-18-86, eff. 4-25-86; 4-26-89; 5-22-97; R077-00, 8-18-2000; R138-03, 1-20-2004, eff. 3-1-2004)

      NAC 503.097  Collection of unprotected wildlife for commercial purposes: General requirements. (NRS 501.105, 501.181, 503.380)  A person granted a permit to collect unprotected wildlife for commercial purposes pursuant to NAC 503.095, 503.513 or 503.545 shall:

     1.  Comply with the terms, conditions and restrictions of the permit.

     2.  Immediately release, unharmed, any wildlife not authorized by the permit.

     3.  Allow at reasonable times any person employed by the Department who is authorized to enforce the provisions of this chapter free and unrestricted access to logs of transactions, records of collection and, for the purpose of inspecting the wildlife, the area or areas where the holder of a permit is collecting, possessing, storing or shipping unprotected wildlife.

     4.  If required by the Department, maintain daily records of the unprotected wildlife he or she has taken. Not later than the 10th day of each month, the Department must receive from the holder of the permit a report which summarizes the daily records of the previous month. The holder of the permit shall, as required by the Department, include on the report:

     (a) The total number of unprotected wildlife collected, by individual species;

     (b) The sex and age of each specimen of wildlife collected, if known;

     (c) A description of the location at which each specimen of wildlife was collected, as designated by:

          (1) Township, range and sections;

          (2) Coordinates of the Universal Transverse Mercator, within plus or minus 800 meters; or

          (3) Other system of coordinates approved by the Department; and

     (d) A description of the habitat from which the specimen of wildlife was collected.

     5.  If required by the Department, maintain an annual chronological, written log of each transaction which involves the sale, barter, trade or other transfer of the specimen of wildlife collected or possessed under the authority of his or her permit. The holder of the permit shall record each such transaction in the log not later than the end of the business day on which the transaction occurred. The holder of the permit shall include in the log:

     (a) The name and address of each person to whom the wildlife is transferred;

     (b) The species of wildlife transferred and the number of each such species transferred; and

     (c) The date of the transfer.

Ê The holder of the permit shall maintain the annual log for at least 2 years after the date of the expiration of the permit to which the log applies.

     (Added to NAC by Bd. of Wildlife Comm’rs, eff. 4-26-89; A 5-22-97)

      NAC 503.099  Collection of unprotected wildlife for commercial purposes: Compliance with applicable law. (NRS 501.105, 501.181, 503.380)  A permit issued pursuant to NAC 503.095, 503.513 or 503.550 does not authorize the taking, transporting or disposal of unprotected wildlife in violation of any applicable federal, state, county or city law, regulation or ordinance.

     (Added to NAC by Bd. of Wildlife Comm’rs, eff. 4-26-89; A 5-22-97)

      NAC 503.100  Taking of bullfrogs or crayfish. (NRS 501.105, 501.181, 502.010, 503.290)  A person may take bullfrogs or crayfish by any method specified in NRS 503.290 or NAC 503.590, other than by a hook and line, without obtaining a license or permit issued by the Department.

     (Added to NAC by Bd. of Wildlife Comm’rs by R082-09, eff. 1-28-2010)

      NAC 503.101  Factors for classification of wildlife as game. (NRS 501.105, 501.110, 501.181)  The Department shall consider the following factors in classifying a species or subspecies of wildlife as game:

     1.  The likelihood that the wildlife will be used as food;

     2.  The recreational value of hunting or fishing for the wildlife;

     3.  The economic value of hunting or fishing for the wildlife; and

     4.  Whether hunting or fishing for the wildlife is of value to the management of the wildlife.

     (Added to NAC by Bd. of Wildlife Comm’rs, eff. 7-6-92)

      NAC 503.102  Factors for classification of wildlife as fur-bearing mammal. (NRS 501.105, 501.110, 501.181)  The Department shall consider the following factors in classifying a species or subspecies of wildlife as a fur-bearing mammal:

     1.  The economic value of the animal’s fur;

     2.  The recreational value of trapping the animal; and

     3.  Whether trapping the animal is of value to the management of the animal.

     (Added to NAC by Bd. of Wildlife Comm’rs, eff. 7-6-92)

      NAC 503.103  Criteria for classification of wildlife as protected. (NRS 501.105, 501.110, 501.181)  A species or subspecies of wildlife may be classified as protected if the Commission determines, from available information, that one or more of the following criteria exists:

     1.  The wildlife is found only in this State and its population, distribution or habitat is limited.

     2.  The wildlife has a limited population or distribution within this State that is likely to decline as a result of human or natural causes.

     3.  The population of the wildlife is threatened as a result of the deterioration or loss of its habitat.

     4.  The wildlife has ecological, scientific, educational or other value that justifies its classification as protected.

     5.  The available data is not adequate to determine the exact status of the population of the wildlife, but does indicate a limited population, distribution or habitat.

     6.  The wildlife is listed by the United States Fish and Wildlife Service in the Federal Register as a candidate species, or it is classified as threatened or endangered in the federal Endangered Species Act of 1973, as amended, 16 U.S.C. §§ 1531 et seq.

     7.  Other evidence exists to justify classifying the wildlife as protected.

     (Added to NAC by Bd. of Wildlife Comm’rs, eff. 7-6-92; A by R133-04, 10-28-2004)

      NAC 503.104  Criteria for classification of wildlife as sensitive. (NRS 501.105, 501.110, 501.181)  A species or subspecies of wildlife may be classified as sensitive if the Commission determines, from available information, that one or more of the following criteria exists:

     1.  The population or distribution of the wildlife is in a significant decline.

     2.  The population of the wildlife is threatened as a result of disease or predation or ecological or human causes.

     3.  The primary habitat of the wildlife is deteriorating.

     4.  The wildlife is listed by the United States Fish and Wildlife Service in the Federal Register as a candidate species, or it is classified as threatened or endangered in the federal Endangered Species Act of 1973, as amended, 16 U.S.C. §§ 1531 et seq.

     (Added to NAC by Bd. of Wildlife Comm’rs, eff. 7-6-92; A by R133-04, 10-28-2004)

POSSESSION, TRANSPORTATION, IMPORTATION, EXPORTATION AND RELEASE OF WILDLIFE

      NAC 503.108  “Evidence of lawful possession” defined. (NRS 501.105, 501.181, 503.597, 504.295)  As used in NAC 503.108 to 503.140, inclusive, “evidence of lawful possession” means:

     1.  Any license or permit issued by a wildlife agency or regulatory agency in the state or country where a species listed in NAC 503.110 originated that allows the possession of species specified therein, including viable embryos or gametes; or

     2.  Any other documentation establishing lawful possession, including, but not limited to, a document issued by a wildlife agency or regulatory agency of the state or country where a species listed in NAC 503.110 originated that indicates a license or permit is not required for the possession of the species specified therein.

     (Added to NAC by Bd. of Wildlife Comm’rs, eff. 2-28-94)

      NAC 503.110  Restrictions on importation, transportation and possession of certain species. (NRS 501.105, 501.181, 503.597, 503.650, 504.295)

     1.  Except as otherwise provided in this section and NAC 504.486, the importation, transportation or possession of the following species of live wildlife or hybrids thereof, including viable embryos or gametes, is prohibited:

 

     (a) Fish:

 

Common Name

Scientific Classification

 

 

(1) Lampreys.......................................

All species in the family Petromyzontidae

(2) Freshwater stingray.......................

All species in the family Potamotrygonidae

(3) Freshwater shark............................

All species in the genus Carcharhinus

(4) Bowfin...........................................

Amia calva

(5) Gars...............................................

All species in the family Lepisosteidae

(6) Herring and shad, except threadfin shad and gizzard shad..............

 

All species in the family Clupeidae, except Dorosoma petenense and Dorosoma cepedianum

(7) European Whitefish.......................

All species in the genus Leuciscus

(8) Mexican banded tetra....................

Astyanax mexicanus

(9) Piranhas.........................................

All species in the genera Serrasalmus, Serrasalmo, Pygocentrus, Teddyella, Rooseveltiella and Pygopristis

(10) South American Parasitic Catfish

All species in the families Cetopsidae and Trichomycteridae

(11) White perch.................................

Morone americana

(12) Freshwater drum..........................

Aplodinotus grunniens

(13) Grass carp, except certified triploids as authorized by a special permit............................

 

 

Ctenopharyngodon idella

(14) Pike top minnow..........................

Belonesox belizanus

(15) Snakehead...................................

All species in the genera Ophicephalus and Channa

(16) Walking catfish............................

All species in the genera Clarias, Heteropneustes and Dinotopterus

(17) Tiger fish......................................

Hoplias malabaricus

(18) Sticklebacks.................................

All species in the genera Apeltes, Eucalia, Gasterosteus and Pungitius

(19) Tilapia..........................................

All species in the genera Tilapia and Sarotherodon

(20) Nile perch....................................

All species in the genera Lates and Luciolates

(21) Goldeye.......................................

All species in the genus Hiodon

(22) Carp:

 

(I) Bighead....................................

Hypophthalmichthys nobilis

(II) Black (snail)............................

Mylopharyngodon piceus

(III) Crucian..................................

Carassius carassius

(IV) Indian....................................

Catla catla, Cirrhina mrigala and Labeo rohita

(V) Silver.......................................

Hypophthalmichthys molitrix

(23) Rudd............................................

Scardinius erythrophthalmus

(24) Northern Pike..............................

Esox lucius

(25) Asian swamp eel..........................

Monopterus albus

 

     (b) Reptiles:

 

Common Name

Scientific Classification

 

 

(1) Alligators and caimans...................

All species in the family Alligatoridae

(2) Crocodiles......................................

All species in the family Crocodylidae

(3) Gharial (gavial)..............................

All species in the family Gavialidae

(4) Bird snake......................................

All species in the genus Thelotornis

(5) Boomslang.....................................

Dispholidus typus

(6) Keelbacks.......................................

All species in the genus Rhabdophis

(7) Burrowing Asps.............................

All species in the family Atractaspidae

(8) Coral snakes, cobras, kraits, mambas and Australian elapids

 

All species in the family Elapidae, except species in the subfamily Hydrophiinae

(9) Pit vipers and true vipers, except species indigenous to this State

 

All species in the family Viperidae, except species indigenous to this State

(10) Snapping Turtles..........................

All species in the family Chelydridae

 

     (c) Amphibians:

 

Common Name

Scientific Classification

 

 

(1) Clawed frogs.................................

All species in the genus Xenopus

(2) Giant or marine toads....................

Bufo horribilis, Bufo marinus and Bufo paracnemis

 

     (d) Mammals:

 

Common Name

Scientific Classification

 

 

(1) Wild Dogs or Dhole.......................

Cuon alpinus

(2) Raccoon Dog.................................

Nyctereutes procyonoides

(3) Mongooses and Meerkats..............

All species in the genera Atilax, Cynictis, Helogale, Mungos, Suricate, Ichneumia and Herpestes

(4) Wild European Rabbit...................

Oryctolagus cuniculus

(5) Multimammate Rat or Mouse........

All species in the genus Mastomys (=Praomys)

(6) Bats................................................

All species in the order Chiroptera

(7) Nutria.............................................

Myocastor coypus

(8) Coyote...........................................

Canis latrans

(9) Foxes..............................................

All species in the genera Vulpes, Fennecus, Urocyon, Alopex, Lycalopex and Pseudalopex

(10) Raccoon.......................................

Procyon lotor

(11) Skunk...........................................

All species in the genera Spilogale, Mephitis and Conepatus

(12) Wild pigs and hogs......................

All species in the family Suidae, except domestic breeds of Sus scrofa

(13) Axis deer......................................

Cervus (=Axis) axis, C. porcinus, C. kuhli and C. calamianensis

(14) Red deer, elk and wapiti..............

All subspecies of Cervus elaphus

(15) Rusa deer.....................................

Cervus timorensis

(16) Sambar deer.................................

Cervus unicolor

(17) Sika deer......................................

Cervus nippon

(18) Roe deer.......................................

Capreolus capreolus and C. pygargus

(19) White-tailed deer.........................

Odocoileus virginianus

(20) Moose..........................................

Alces alces

(21) Reedbucks...................................

All species in the genus Redunca

(22) Oryx and Gemsbok......................

All species in the genus Oryx

(23) Addax..........................................

Addax nasomaculatus

(24) Blesbok, Topi and Bontebok.......

All species in the genus Damaliscus

(25) Hartebeests..................................

All species in the genera Alcelaphus and Sigmoceros

(26) Wildebeest and Gnus...................

All species in the genus Connochaetes

(27) Chamois.......................................

Rupicapra rupicapra and R. pyrenaica

(28) Tahr..............................................

All species in the genus Hemitragus

(29) Ibex, Wild Goats, Tur and Markhor....................................

 

All species in the genus Capra, except domestic goats, Capra hircus

(30) Barbary (Aoudad) Sheep.............

Ammotragus lervia

(31) Mouflon sheep, Urial, Bighorn and Argali.................................

 

All species in the genus Ovis, except domestic sheep, Ovis aries

 

     (e) Birds:

 

Common Name

Scientific Classification

 

 

(1) Pink Starling or Rosy Pastor..........

Sturnus roseus

(2) Red-billed Dioch...........................

Quelea quelea

(3) Red-whiskered Bulbul...................

Pycnonotus jocosus

 

     (f) Crustaceans:

 

Common Name

Scientific Classification

 

 

(1) Asiatic mitten crab.........................

Eriocheir sinensis

(2) Crayfish.........................................

All species in the families Parastacidae, Cambaridae and Astacidae, except Procambarus clarkii, Orconectes causeyi and indigenous species of the genus Pacifastacus

 

     (g) Mollusks:

 

Common Name

Scientific Classification

 

 

(1) African giant snail..........................

Achatina fulica

(2) Zebra and quagga mussels.............

All species in the genus Dreissena

(3) New Zealand mud snail.................

Potamopyrgus antipodarum, P. jenkinsi

 

     2.  The headquarters of the Department and each regional office of the Department will maintain a physical description and picture of each species listed in this section when reasonably available.

     3.  The Department may issue a scientific permit for the collection or possession of wildlife or a commercial license for the possession of live wildlife, whichever is applicable, for the importation, transportation or possession of a species listed in this section only to:

     (a) A zoo or aquarium which is an accredited institutional member of the Zoological Association of America, the Association of Zoos and Aquariums or their successors.

     (b) A person who displays, exhibits or uses the species for entertainment or commercial photography, including, without limitation, motion pictures, still photography or television, if the species:

          (1) Is accompanied by evidence of lawful possession;

          (2) Is not in this State for more than 90 days; and

          (3) Is maintained under complete control and prohibited from coming into contact with members of the general public.

Ê If the person is displaying, exhibiting or using mammals for commercial purposes other than for food or fiber, he or she must possess the appropriate license issued by the United States Department of Agriculture.

     (c) A college, university or governmental agency, for scientific or public health research.

     (d) Any other scientific institution, as determined by the Department, for research or medical necessity.

     (e) Any person engaged in commercial aquaculture, upon application and proof to the Department that the activity will not be detrimental to aquatic life, other wildlife or recreational uses. As a condition of the issuance to such a person of a commercial license for the possession of a species listed in this section, a bond may be required to provide for the removal of any species to which the license applies that may escape or be released from captivity for any reason. The amount of the bond will be determined by the Department after considering the degree of potential hazard to wildlife.

     (f) A tax-exempt nonprofit organization that exhibits wildlife solely for educational or scientific purposes.

     4.  An interstate shipment of a species listed in this section may be transported through this State, without a permit or license issued by the Department, if:

     (a) The shipper or transporter has evidence of lawful possession of the species issued by the state or country where the species originated;

     (b) Mammals, birds or fish are accompanied by a health certificate issued by the state or country where the species originated that indicates the destination, origin and proof of ownership of the species being transported;

     (c) The species is in this State for less than 48 hours; and

     (d) The species is not unloaded or otherwise released while being transported through this State.

     5.  This section does not apply to the Department when it is conducting authorized introductions or transplantations of a native species of big game mammal listed in this section.

     [Bd. of Fish & Game Comm’rs, No. 20 § 27.6, eff. 10-1-76]—(NAC A by Bd. of Wildlife Comm’rs, 9-20-83; 4-27-84, eff. 5-25-84; 1-2-86; 11-14-88; 2-28-94; R168-99, 1-19-2000; R093-05, 10-31-2005; R052-07, 10-31-2007; R176-09, 4-20-2010; R054-11, 12-30-2011)

      NAC 503.115  Restriction on transportation of live game fish. (NRS 501.105, 501.181, 503.597)  Game fish taken under the authority of a fishing license or fishing permit may not be transported alive from the body of water where the game fish was taken.

     (Added to NAC by Bd. of Wildlife Comm’rs by R093-05, eff. 10-31-2005)

      NAC 503.130  Inspection of imported wildlife: Notification by Department. (NRS 501.105, 501.181, 503.597)  The Department will notify a person permitted to import wildlife of the time and place of inspection of imported wildlife subject to inspection.

     [Bd. of Fish & Game Comm’rs, No. 20 § 27.7, eff. 9-20-75]

      NAC 503.135  Permit to release wildlife. (NRS 501.105, 501.181, 503.597)

     1.  An application for a permit to release wildlife must be made on a form provided by and available from the Department at its office in Reno, Fallon, Elko or Las Vegas.

     2.  An applicant for a permit to release wildlife must include on the application:

     (a) The name of the applicant;

     (b) The physical and mailing address of his or her residence;

     (c) The telephone number of his or her residence;

     (d) The applicant’s driver’s license number, if he or she has been issued a driver’s license;

     (e) The name of the owner of the property where the wildlife is to be released;

     (f) The address and legal description of the property where the wildlife is to be released;

     (g) The species of each type of wildlife and the number of each such type of species to be released.

     (h) The purpose for the release;

     (i) The date on which the wildlife is to be released;

     (j) The location or source from which the applicant has acquired, or will acquire, the wildlife to be released; and

     (k) The applicant’s signature and the date on which he or she signed the application.

     3.  If the Department determines, based on its evaluation of the application, that the condition of the wildlife to be released could pose potential harm to the existing wildlife of this State if released, the Department will require the applicant to submit to the Department a certificate of health issued by a licensed veterinarian or a fish pathologist approved by the Department, as appropriate, attesting to the health of the wildlife to be released.

     4.  Based on its evaluation of the application for a permit to release wildlife, the Department may make such stipulations and conditions on the use and scope of a permit as the Department determines appropriate. A violation of a stipulation or condition is cause for the cancellation of the permit.

     (Added to NAC by Bd. of Wildlife Comm’rs, eff. 8-21-97)

      NAC 503.140  Species for which certain permits and licenses are not required: Specification; release; sale; exceptions. (NRS 501.105, 501.181, 503.597, 504.295)

     1.  Except as otherwise provided in subsection 4 and NAC 503.500 to 503.535, inclusive, the following animals may be possessed, transported, imported and exported without a permit or license issued by the Department:

     (a) Canaries;

     (b) Toucans;

     (c) Lovebirds;

     (d) Nonindigenous house finches;

     (e) Parakeets;

     (f) Cockatiels;

     (g) Mynah birds;

     (h) Parrots;

     (i) Hamsters;

     (j) Domesticated races of rats and mice;

     (k) Gerbils;

     (l) Guinea pigs;

     (m) Monkeys and other primates;

     (n) Aquarium fish;

     (o) Marsupials;

     (p) Elephants;

     (q) All felines, except mountain lions and bobcats;

     (r) Wolves that are lawfully acquired and bred in captivity;

     (s) Camels (Camelus spp.);

     (t) European ferret (Mustela putorius);

     (u) Llamas (Lama glama);

     (v) American Bison;

     (w) Marine mammals;

     (x) Ostrich (Struthio spp.);

     (y) Emus (Dromiceius spp.);

     (z) Rheas (Rhea spp.);

     (aa) Nonvenomous, nonindigenous reptile species and subspecies;

     (bb) Albino forms of indigenous reptile species;

     (cc) Alpaca (Lama pacos);

     (dd) Guinea fowl (Numida meleagris);

     (ee) Old World species of pheasants, partridges, quails, francolin, peafowl and jungle fowl (nonendemic species of the subfamily Phasianae), except:

          (1) Chukar partridge;

          (2) Hungarian (gray) partridge;

          (3) Snow cock; and

          (4) Ring-necked and white, winged pheasant;

     (ff) Domesticated races of turkey (Meleagris gallopavo), distinguished morphologically from wild birds;

     (gg) Domesticated races of ducks and geese (Anatidae), distinguished morphologically from wild birds;

     (hh) Domesticated races of chinchillas;

     (ii) Domesticated races of mink;

     (jj) Waterfowl reared in captivity that are lawfully acquired pursuant to the regulations adopted by the United States Fish and Wildlife Service;

     (kk) Those species of ducks, geese and swans not listed as protected pursuant to the Migratory Bird Treaty Act, 16 U.S.C. §§ 703 et seq.;

     (ll) Yak (Bos grunniens);

     (mm) Cassowary;

     (nn) Coturnix quail (Coturnix coturnix);

     (oo) Zebra (Equus spp.);

     (pp) Salt water fish, crustaceans and mollusks;

     (qq) Nonindigenous species of amphibians, except:

          (1) Bullfrogs (Rana catesbeiana); and

          (2) Species listed in NAC 503.110;

     (rr) African pygmy hedgehogs (Atelerix albiventris); and

     (ss) California kingsnakes (Lampropeltis getulus californiae) that do not have between their head and vent a continuous pattern of bands or rings regardless of whether the bands or rings are opened or closed.

     2.  Species listed in this section must not be released into the wild, except as otherwise authorized by the Department in writing.

     3.  Except as otherwise provided in subsection 4, lawfully acquired species listed in this section may be sold in Nevada.

     4.  This section does not authorize the sale, possession, transportation, importation or exportation of animals in violation of any applicable federal or state law, county or city ordinance, or any regulation adopted pursuant thereto.

     5.  As used in this section:

     (a) “Aquarium fish” includes any species of fish, except the species listed in NAC 503.110, which is:

          (1) Not used as bait or for human consumption; and

          (2) Maintained for personal or pet industry purposes in a closed system that does not allow the species of fish to exit an aquarium or pond and does not allow any other live aquatic species to enter the aquarium or pond.

     (b) “Wolves” includes any wolf or hybrid of a wolf. As used in this paragraph, “hybrid” means any canid hybrid resulting from the mating of a wolf and a dog.

     [Bd. of Fish & Game Comm’rs, No. 20 § 27.11, eff. 10-1-76]—(NAC A by Bd. of Wildlife Comm’rs, 11-5-81; 2-28-94; 5-22-97; R056-11, 12-30-2011)

HUNTING AND TRAPPING: GENERALLY

      NAC 503.141  “Longbow” defined. (NRS 501.105, 501.181)  As used in NAC 503.141 to 503.195, inclusive, “longbow” includes any recurved bow or compound bow.

     (Added to NAC by Bd. of Wildlife Comm’rs by R176-03, eff. 4-8-2004; A by R152-06, 5-21-2007; R114-09 & R138-09, 4-20-2010)

      NAC 503.142  Hunting big game mammal with firearm. (NRS 501.105, 501.181, 503.150)  The Commission hereby establishes the following exceptions to paragraph (b) of subsection 1 of NRS 503.150:

     1.  During a type of hunt that is restricted to muzzle-loading firearms, a person may hunt a big game mammal only with a muzzle-loading rifle or muzzle-loading musket, and may use only a lead ball, a lead bullet, a semi-jacketed bullet or a metal alloy bullet that expands. The use of smokeless powder is prohibited. Only black powder or a black powder substitute such as Pyrodex or Triple 7 may be used as a propellant. A sabot round may be used. The muzzle-loading rifle or muzzle-loading musket must have the following characteristics:

     (a) A wheel lock, matchlock or flintlock ignition system, or a percussion ignition system that uses a primer or percussion cap;

     (b) A single barrel of caliber .45 or larger; and

     (c) Except as otherwise provided in NAC 503.146, open sights or peep sights. The use of a sight that is operated or powered by a battery, electronics or a radioactive isotope such as tritium is prohibited.

Ê The muzzle-loading rifle or the muzzle-loading musket is deemed to be not loaded if the priming compound or element, such as the priming powder or the unfired primer or percussion cap, is removed.

     2.  During a type of hunt that is restricted to muzzle-loading firearms, it is unlawful for a person hunting under the authority of a tag for such a hunt to carry in the field a firearm or longbow and arrow except for:

     (a) A muzzle-loading rifle or a muzzle-loading musket with the characteristics set forth in subsection 1; or

     (b) A flintlock or percussion handgun. However, it is unlawful to use such a handgun to hunt a big game mammal.

     3.  During a type of hunt in which the use of any legal weapon is authorized by a regulation of the Commission, a person may hunt a big game mammal with a muzzle-loading rifle or muzzle-loading musket only if:

     (a) The muzzle-loading rifle or muzzle-loading musket has:

          (1) A single barrel of caliber .45 or larger; and

          (2) Open sights, peep sights or a rifle scope.

     (b) The person uses a lead ball, a lead bullet, a semi-jacketed bullet or a metal alloy bullet that expands. A sabot round may be used.

Ê The muzzle-loading rifle or muzzle-loading musket is deemed to be not loaded if the priming compound or element, such as the priming powder or the unfired primer or percussion cap, is removed.

     4.  A person may hunt big game mammals with a rifle if the rifle uses a centerfire cartridge of caliber .22 or larger.

     5.  A person may hunt big game mammals with a handgun if the handgun uses a centerfire cartridge, has a barrel length of 4 inches or more and:

     (a) Uses a cartridge of caliber .22 or larger with an overall loaded length of 2 inches or more; or

     (b) Uses a cartridge of caliber .24 or larger with a case of length no less than the length of the case of a cartridge for a Remington magnum of caliber .44.

     6.  A person may hunt deer and mountain lion with a shotgun no larger than 10 gauge and no smaller than 20 gauge. Only rifled slugs or shotgun rounds with sabots that contain a single expanding projectile may be used when hunting deer. A shotgun that is used to hunt deer or mountain lion pursuant to this subsection may be equipped with a smoothbore barrel or a barrel that is partially or fully rifled.

     [Bd. of Fish & Game Comm’rs, No. 25 § 6, eff. 12-4-79 + No. 26 § 6, eff. 12-4-79, A 5-12-80]—(NAC A by Bd. of Wildlife Comm’rs, 9-19-90; R155-97, 3-2-98; R176-03, 4-8-2004; R093-05, 10-31-2005; R185-05, 2-23-2006; R138-09, 4-20-2010)

      NAC 503.143  Hunting with crossbow. (NRS 501.105, 501.181, 503.150)

     1.  A crossbow may be used to hunt a big game mammal in a type of hunt that allows the use of any legal weapon if the crossbow has:

     (a) A minimum draw weight of 125 pounds;

     (b) A minimum draw length of 14 inches from the front of the bow to the nocking point;

     (c) A stock that is at least 18 inches long; and

     (d) A positive mechanical safety mechanism.

     2.  Crossbow arrows or bolts used in hunting big game mammals must be at least 16 inches long and have:

     (a) Fixed broadheads that are at least 7/8 inch wide at the widest point; or

     (b) Expandable, mechanical broadheads that are at least 7/8 inch wide at the widest point when the broadhead is in the open position.

     3.  It is unlawful for any person to:

     (a) Hunt a big game mammal with a crossbow during a type of hunt restricted to the use of archery or muzzle-loading firearms.

     (b) Except as otherwise provided in this paragraph, carry a cocked crossbow containing an arrow or a bolt while in or on any motorized vehicle while the vehicle is on a public highway or other public right-of-way. The provisions of this paragraph do not apply to a person who is a paraplegic, has had one or both legs amputated or has suffered a paralysis of one or both legs which severely impedes walking, if the motorized vehicle is not in motion.

     (c) Hunt any wildlife with an arrow or bolt that has any chemical, explosive or electronic device attached.

     (Added to NAC by Bd. of Wildlife Comm’rs by R152-06, eff. 5-21-2007)

      NAC 503.144  Hunting with longbow and arrow. (NRS 501.105, 501.181, 503.150)

     1.  Except as otherwise provided in paragraph (c) of subsection 4, the bowstring of a longbow used in hunting any game mammal or game bird must be moved or held entirely by the muscle power of the shooter through all points of the draw cycle until release and may only be released by direct and conscious action of the shooter, either by relaxing the tension of the fingers or by triggering the release action of a handheld release aid.

     2.  A longbow used in hunting a big game mammal must, in the hands of the user, be capable of throwing a 400 grain arrow 150 yards over level terrain. Arrows used in hunting big game mammals must be at least 24 inches long and have:

     (a) Fixed broadheads that are at least 7/8-inch wide at the widest point; or

     (b) Expandable, mechanical broadheads that are at least 7/8-inch wide at the widest point when the broadhead is in the open position.

     3.  An arrow that is used in hunting any game mammal or game bird may be equipped with a nock that is illuminated electronically or chemically.

     4.  It is unlawful for any person to:

     (a) Carry any firearm in the field while hunting under archery regulations.

     (b) Except as otherwise provided in this paragraph, carry a longbow with an arrow nocked on the bowstring while in or on any motorized vehicle while the vehicle is on a public highway or other public right-of-way. The provisions of this paragraph do not apply to a person who is a paraplegic, has had one or both legs amputated or has suffered a paralysis of one or both legs which severely impedes his or her walking, if the motorized vehicle is not in motion.

     (c) Hunt any game mammal or game bird with a longbow that uses any mechanical device that can anchor a nocked arrow at full draw or partial draw unless the person:

          (1) Carries written documentation, signed and dated by a licensed physician, stating that the person has a permanent disability in the upper torso; or

          (2) Has had one or both arms, or a part thereof, amputated,

Ê and the permanent disability or amputation prevents the person from manually drawing and holding at full draw a longbow that meets the requirements of subsection 2.

     (d) Hunt any wildlife with an arrow that has any explosive, electronic tracking device or poison attached. As used in this paragraph, “poison” means any substance that, upon contact with the species of wildlife that is hunted, is capable of causing injury, illness or death.

     [Bd. of Fish & Game Comm’rs, No. 25 § 7 + No. 26 § 7, eff. 12-4-79]—(NAC A by Bd. of Wildlife Comm’rs, 5-9-88; R168-99, 1-19-2000; R176-03, 4-8-2004; R114-09, 4-20-2010)

      NAC 503.145  Sight attached to firearm, longbow or crossbow. (NRS 501.105, 501.181, 503.150)  The Commission hereby establishes the following exception to paragraph (f) of subsection 1 of NRS 503.150. Except as otherwise provided by paragraph (c) of subsection 1 of NAC 503.142, a sight attached to a firearm or longbow that is used to hunt a game mammal or game bird, or a sight attached to a crossbow that is used to hunt a big game mammal, may be illuminated or powered by:

     1.  A battery contained within the sight;

     2.  Light-gathering fiber optics;

     3.  A radioactive isotope such as tritium; or

     4.  Iridescent or fluorescent paint.

Ê It is unlawful for a person to hunt a big game mammal, a game mammal or a game bird with a weapon that is equipped with a sight that is capable of casting or projecting a beam of light that is visible to the unaided human eye from the sight to the animal.

     (Added to NAC by Bd. of Wildlife Comm’rs by R176-03, eff. 4-8-2004; A by R093-05, 10-31-2005; R152-06, 5-21-2007; R151-12, 12-20-2012)

      NAC 503.146  Scope permit for person with visual disability: Issuance; application; validity. (NRS 501.105, 501.181, 503.150)

     1.  The Department may issue a scope permit to a person with a visual disability. The scope permit authorizes a person with a visual disability to hunt, during a type of hunt that is restricted to muzzle-loading firearms, using a 1x magnification rifle scope that is mounted on a muzzle-loading rifle. A person using such a permit shall present the permit upon the request of a law enforcement officer.

     2.  An application for a scope permit must:

     (a) Be submitted to the Department on a form provided by the Department;

     (b) Include a certificate issued by a licensed physician certifying that the applicant has a visual disability; and

     (c) Include any other information required by the Department to issue the permit.

     3.  A scope permit issued pursuant to this section is valid for 1 year after the date it is issued.

     4.  As used in this section, “visual disability” means a visual impairment which substantially limits a major life activity and is not correctable by glasses or contact lenses.

     (Added to NAC by Bd. of Wildlife Comm’rs by R138-09, eff. 4-20-2010)

      NAC 503.147  Hunting with a dog. (NRS 501.105, 501.181, 503.150)  It is unlawful to hunt, chase or pursue:

     1.  Any black bear or mountain lion with a dog except during the open season, in an open management area and under the authority of a hunting license and:

     (a) A black bear tag, if the person is hunting, chasing or pursuing a black bear; or

     (b) A mountain lion tag, if the person is hunting, chasing or pursuing a mountain lion.

     2.  Any fur-bearing mammal with a dog except during the open season and under the authority of a trapping license.

     3.  Any wild turkey with a dog from March 1 through June 30 of any year.

     (Added to NAC by Bd. of Wildlife Comm’rs, 4-27-84, eff. 5-25-84; A 9-19-90; 9-13-91; 10-13-95; R133-04, 10-28-2004; R002-11, 10-26-2011)

      NAC 503.1475  Transmitting devices attached to wildlife. (NRS 501.105, 501.181)

     1.  A person shall not hunt any wildlife using a radio signal or other transmission received from any transmitting device that is attached to the wildlife.

     2.  If a person, while hunting, kills any wildlife to which any transmitting device is attached, the person shall, without undue delay, notify the Department of that fact and, if required by the Department, coordinate the return of the transmitting device to the Department.

     3.  A person shall not intentionally break, destroy or damage any transmitting device.

     4.  The provisions of this section do not apply to an employee or agent of the Department acting in his or her official capacity.

     5.  As used in this section, “transmitting device” means any collar or other device which:

     (a) Is attached to any wildlife; and

     (b) Emits an electronic signal or uses radio telemetry or a satellite transmission to determine the location of the wildlife.

     (Added to NAC by Bd. of Wildlife Comm’rs by R091-11, eff. 3-9-2012)

      NAC 503.148  Use of aircraft, hot air balloons, satellites or other devices. (NRS 501.105, 501.181)

     1.  Except as otherwise provided in this section, a person shall not, for the purpose of hunting, locate or observe, or assist a person in locating or observing, any big game mammal in a management unit described in NAC 504.210 during the period beginning 48 hours before a big game hunting season opens until the close of the season in that management unit with the use of:

     (a) An aircraft, including, without limitation, any device that is used for navigation of, or flight in, the air;

     (b) A hot air balloon or any other device that is lighter than air; or

     (c) A satellite or any other device that orbits the earth and is equipped to produce images.

     2.  For the purposes of subsection 1, the season for hunting a mountain lion which is open in a management unit shall be deemed not to be a big game hunting season during the period beginning after the big game hunting season for all other species of big game has closed in that management unit until the period beginning 48 hours before the opening of a big game hunting season established for hunting any other species of big game in that management unit.

     3.  Evidence of an act constituting a violation of subsection 1 includes, without limitation:

     (a) Flying slowly at low altitudes;

     (b) Hovering;

     (c) Circling; or

     (d) Repeatedly flying,

Ê over a forest, marsh, field, woodland or rangeland where a big game mammal is likely to be found.

     4.  The provisions of this section do not apply to a person who:

     (a) Is acting within the scope of his or her official duties and who is:

          (1) An employee or authorized agent of this State;

          (2) An employee of a municipal or county government of this State; or

          (3) An employee of the Federal Government;

     (b) Holds a scientific permit issued by the Department for the collection of wildlife and who is acting in compliance with the terms and conditions of the permit; or

     (c) Holds a permit issued by the Department which authorizes the control of bobcats, coyotes or ravens from an aircraft and who is acting in compliance with the terms and conditions of the permit.

     5.  The provisions of this section do not authorize any act that is prohibited by NRS 503.010.

     (Added to NAC by Bd. of Wildlife Comm’rs by R060-99, eff. 10-27-99; A by R170-01, 4-3-2002)

      NAC 503.149  Baiting big game mammals. (NRS 501.105, 501.181)

     1.  A person shall not:

     (a) Bait big game mammals for the purpose of hunting; or

     (b) Knowingly hunt big game mammals that were baited by another person.

     2.  For the purposes of this section, “bait” means the intentional placing, exposing, depositing, distributing or scattering of salt, minerals, grain or any other food material, whether natural or manufactured, that could attract, entice or lure wildlife to an area for the purpose of hunting. The term does not include:

     (a) Any incidental attracting or feeding of wildlife associated with any accepted agricultural or livestock practice; or

     (b) Planting crops and leaving those crops standing as food plots for wildlife.

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

      NAC 503.150  Registration of traps. (NRS 501.105, 501.181, 503.452)

     1.  A person may obtain an application form for registering a trap from any office of the Department. The forms must be completed in accordance with the instructions thereon.

     2.  The Department shall issue registration numbers beginning with NV 0001. The number must be clearly stamped on the trap or on a metal tag that is attached to the trap.

     3.  The person shall enter the appropriate registration number on his or her trapping license.

     [Bd. of Wildlife Comm’rs, No. 29 § 3, eff. 9-25-79]

      NAC 503.152  Minimum visitation of traps, snares and similar devices. (NRS 501.105, 501.181, 503.570)  A person who is required pursuant to NRS 503.570 to visit or cause to be visited a trap, snare or similar device shall ensure that the trap, snare or similar device is visited at least once each 96 hours:

     1.  By a person who is a holder of a trapping license issued by the Department; and

     2.  In a manner which ensures that any mammal caught in the trap, snare or similar device is removed from the trap, snare or similar device.

     (Added to NAC by Bd. of Wildlife Comm’rs by R018-13, eff. 10-4-2013)

      NAC 503.153  Steel leghold traps: Definitions. (NRS 501.105, 501.181)  As used in this section and NAC 503.155 and 503.157, unless the context otherwise requires:

     1.  “Bait” means the flesh, fur, hide, viscera or feathers of any animal.

     2.  “Exposed bait” means bait, any portion of which is visible from any angle.

     3.  “Trap” means any device designed, built or made to close upon, contain, confine or hold fast any wild mammal or wild bird.

     [Bd. of Fish & Game Comm’rs, No. 18 part § 2, eff. 10-1-73; A 10-1-77; 9-25-79]—(NAC A by Bd. of Wildlife Comm’rs by R107-05, 9-18-2007)

      NAC 503.155  Steel leghold traps: Spacers. (NRS 501.105, 501.181)  All steel leghold traps of size number 2 or larger or with an outside jaw spread of 5 1/2 inches or larger used in the taking of any wildlife must have lugs, spacers or similar devices permanently attached so as to maintain a minimum trap opening of three-sixteenths of an inch.

     [Bd. of Fish & Game Comm’rs, No. 18 § 1, eff. 10-1-73]—(Substituted in revision for NAC 503.420)

      NAC 503.157  Steel leghold traps: Use of bait. (NRS 501.105, 501.181)

     1.  It is unlawful for a person to:

     (a) Place, set or maintain a steel leghold trap within 30 feet of exposed bait;

     (b) Capture a mammal or raptor with a steel leghold trap that is placed, set or maintained within 30 feet of exposed bait; or

     (c) Use any part of a game mammal, game bird, game fish, game amphibian or protected species of wildlife for bait.

     2.  A person using bait is responsible if it becomes exposed for any reason.

     3.  As used in this section, “raptor” means any species of bird of the order Falconiformes or Strigiformes that is protected by the Migratory Bird Treaty Act of July 3, 1918, as amended, 16 U.S.C. §§ 703 et seq.

     [Bd. of Fish & Game Comm’rs, No. 18 part § 2, eff. 10-1-73; A 10-1-77; 9-25-79]—(NAC A by Bd. of Wildlife Comm’rs by R107-05, 9-18-2007)

      NAC 503.160  Data regarding trapping activities: Authority of Department; duty of person purchasing trapping license; denial and reinstatement of certain privileges. (NRS 501.105, 501.119, 501.181)

     1.  The Department may determine methods of obtaining necessary data from a person who purchases a trapping license from the Department or a license agent relative to the trapping activities and success of the person.

     2.  Each person who purchases a trapping license from the Department or a license agent shall complete and return any reporting form or questionnaire required by the Department. The person must return any such form or questionnaire regardless of whether the person trapped any fur-bearing mammals or unprotected species of wildlife during the term of the trapping license. Except as otherwise provided by an annual regulation of the Commission, the completed form or questionnaire must be received by the Department or an independent contractor designated by the Department not later than April 30 of each year. Failure to return the form or questionnaire within that period or the submission of any false information on the form or questionnaire is cause for the Commission to suspend the trapping license held by the person and deny the person the right to acquire any trapping license for a period of 1 year. A person whose trapping license is suspended or whose right to acquire a trapping license is denied pursuant to this section may have the privilege reinstated if the person:

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

     (b) Completes and submits the required form or questionnaire to the Department.

     3.  As used in this section, “license agent” has the meaning ascribed to it in NAC 502.065.

     [Bd. of Wildlife Comm’rs, No. 29 § 5, eff. 9-25-79]—(NAC A by Bd. of Wildlife Comm’rs by R107-05, 9-18-2007)

      NAC 503.165  Trapping within one-half mile of certain residences. (NRS 501.105, 501.181)

     1.  Except as otherwise provided in subsection 2, a person shall not trap, other than with a box or cage trap, within one-half mile of a residence, if the residence is located within a congested area of a county whose population is 100,000 or more.

     2.  The provisions of this section do not apply to:

     (a) An officer, employee or agent of any state agency, the Federal Government or a local government acting in his or her official capacity for the purpose of animal control or control of depredating wildlife;

     (b) A person acting under written authority from a state agency, the Federal Government or a local government for the purpose of animal control or control of depredating wildlife;

     (c) A person trapping on private property; or

     (d) A person trapping in a waterway that is not within an incorporated city.

     3.  As used in this section:

     (a) “Box or cage trap” means a device that is designed to contain or confine an animal within a box or cage. The term does not include any device that is designed, built or made to close upon or hold fast any portion of an animal.

     (b) “Congested area of a county” means:

          (1) An area of a county in which the discharge of firearms is prohibited by a county ordinance; or

          (2) The area within the boundaries of an incorporated city in a county.

     (c) “Residence” means any house, room, apartment, tenement or other building designed or intended for occupancy as a residence.

     (d) “Waterway” means any river, stream, canal or channel that contains water, including, without limitation, the banks and bed of any such river, stream, canal or channel.

     (Added to NAC by Bd. of Wildlife Comm’rs by R062-12, eff. 11-1-2012)

      NAC 503.170  Restrictions on deer hunting in particular areas; prohibition on use or possession of certain shotgun rounds in particular areas. (NRS 501.105, 501.181)

     1.  In the fenced or cultivated lands of the Smith and Mason Valleys, in the Mason Valley Wildlife Management Area and in the zones within the Fort Churchill State Historic Park and the Lahontan State Recreation Area that are designated for hunting by the Administrator of the Division of State Parks of the State Department of Conservation and Natural Resources:

     (a) Deer may be hunted only with:

          (1) A shotgun no larger than 10 gauge and no smaller than 20 gauge, using:

               (I) Rifled slugs; or

               (II) Shotgun rounds with sabots that contain rifled slugs or a single expanding projectile; or

          (2) A longbow and arrow.

     (b) The use or possession of shotgun rounds with sabots that contain other than rifled slugs or a single expanding projectile is prohibited.

     2.  A shotgun that is used to hunt deer pursuant to subsection 1 may be equipped with a smoothbore barrel or a barrel that is partially or fully rifled.

     3.  In the Mason Valley Wildlife Management Area:

     (a) Deer may be hunted only on the following days during the season set for the hunting of deer:

          (1) Saturdays, Sundays and Wednesdays;

          (2) Nevada Day, as observed, pursuant to NRS 236.015;

          (3) November 11, Veteran’s Day;

          (4) Thanksgiving Day; and

          (5) Family Day, as declared pursuant to NRS 236.015.

     (b) Deer may be hunted only with longbow and arrow during the season set for the archery hunt for deer.

     [Bd. of Fish & Game Comm’rs, No. 26 § 9, eff. 12-4-79; A 7-1-80]—(NAC A by Bd. of Wildlife Comm’rs, 8-22-86, eff. 9-15-86; 10-16-87; R155-97, 3-2-98; R054-02, 11-19-2002, eff. 3-1-2003; R185-05, 2-23-2006)

      NAC 503.173  Maintenance of cape or scalp and antlers or horns with carcass of wildlife. (NRS 501.105, 501.181)  Except as otherwise provided in NAC 502.403, any person who kills a deer, elk, mountain goat, antelope or bighorn sheep shall, until the carcass is frozen, smoked, dried, consumed or accepted by a commercial processing plant for processing, maintain possession of at least that portion of the cape or scalp that includes the ears to the base of the muzzle and any antlers or horns. The cape or scalp and any antlers or horns from the animal must be possessed in such a manner that they remain or are kept together with the carcass of the animal.

     [Bd. of Fish & Game Comm’rs, No. 6 § 6, eff. 9-1-78]—(NAC A by Bd. of Wildlife Comm’rs, 5-9-88; 10-12-94, eff. 3-1-95; R176-03, 4-8-2004)

      NAC 503.174  Sale of nonedible parts of legally killed game; exception for gall bladder of any species of bear. (NRS 501.105, 501.181)

     1.  Except as otherwise provided in subsection 2, the sale of the hide, head, antlers or horns or other nonedible parts of game animals which were legally killed is permitted.

     2.  It is unlawful to sell, purchase, barter or trade a gall bladder of any species of bear, regardless of whether the gall bladder was taken inside or outside this State. The possession of more than two bear gall bladders of any species of bear is prima facie evidence that the gall bladders are possessed for sale, purchase, barter or trade in violation of this section.

     (Added to NAC by Bd. of Wildlife Comm’rs, eff. 9-20-83; A by R002-11, 10-26-2011)

      NAC 503.175  Unlawful to disguise sex characteristics of animals. (NRS 501.105, 501.181)  It is unlawful for a person to disguise or attempt to disguise the sex characteristics of any animal killed by the person if sex characteristics are a determining factor in any regulation of the Commission concerning hunting seasons for or possession of the animal.

     [Bd. of Fish & Game Comm’rs, No. 6 § 7, eff. 9-1-78]—(Substituted in revision for NAC 502.365)

      NAC 503.180  Adoption by reference of federal regulations applicable to hunting of migratory game birds. (NRS 501.105, 501.181)  The Commission adopts by reference the regulations of the United States Fish and Wildlife Service which are published in 50 C.F.R. §§ 20.21, 20.25, 20.35, 20.36, 20.37, 20.38, 20.39, 20.40, 20.42, 20.43, 20.44, 20.61, 20.81, 20.82 and 20.83 as those regulations exist on October 1, 1990. Those regulations apply to all hunting of migratory game birds within the boundaries of the State of Nevada. Title 50 of C.F.R. may be purchased for $20 by mail from the Superintendent of Documents, U.S. Government Printing Office, P.O. Box 979050, St. Louis, Missouri 63197-9000, or by toll-free telephone at (866) 512-1800.

     (Added to NAC by Bd. of Wildlife Comm’rs, eff. 12-15-81; A 9-13-91)

      NAC 503.183  Hunting of certain migratory game birds: Nontoxic shot required; possession of noncomplying shot prohibited. (NRS 501.105, 501.181, 503.150)

     1.  A hunter of ducks, mergansers, geese, swans, coots, gallinules or snipe shall use nontoxic shot in muzzleloaders or in shells for a shotgun when hunting in this State.

     2.  The possession of shells for a shotgun which contain other than nontoxic shot is prohibited while hunting any birds designated in subsection 1.

     3.  The possession of shot for a muzzle-loading shotgun other than nontoxic shot is prohibited while hunting any birds designated in subsection 1.

     (Added to NAC by Bd. of Wildlife Comm’rs, 8-22-86, eff. 9-15-86; A 10-16-87; 9-22-88; 9-19-90; 9-13-91; 10-13-95; R054-02, 11-19-2002, eff. 3-1-2003)

      NAC 503.185  Transportation of blue or ruffed grouse. (NRS 501.105, 501.181)  A person shall not transport a blue or ruffed grouse within this State unless the head or one fully feathered wing remains attached to the grouse from the time it is removed from the place where it was taken until it arrives at the person’s residence or a commercial facility for its preservation.

     (Added to NAC by Bd. of Wildlife Comm’rs, eff. 12-15-81)

      NAC 503.187  Weapons and type of shot permitted for hunting wild turkey. (NRS 501.105, 501.181, 503.150)

     1.  No weapon other than a:

     (a) Shotgun which is no larger than 10 gauge nor smaller than 20 gauge and uses a shot size no larger than a number 2 pellet; or

     (b) Longbow and arrow,

Ê may be used to hunt wild turkey.

     2.  Shot used to hunt wild turkey on a wildlife management area must be:

     (a) Nontoxic shot; and

     (b) Not larger than standard-size T.

     (Added to NAC by Bd. of Wildlife Comm’rs, eff. 9-19-90; A by R054-02, 11-19-2002, eff. 3-1-2003)

      NAC 503.189  Use of flashlight when hunting mountain lion. (NRS 501.105, 501.181, 503.150)  A person who is hunting, chasing or pursuing a mountain lion, pursuant to a mountain lion tag, and who is not in or on a motorized vehicle, may use a flashlight which is handheld and powered by a dry cell.

     (Added to NAC by Bd. of Wildlife Comm’rs, eff. 11-18-93; A 10-13-95)

      NAC 503.191  Reasonable effort required to take wildlife. (NRS 501.105, 501.181)  Each person who shoots and wounds any wildlife while hunting shall make a reasonable effort to take that wildlife, including, without limitation, pursuing and tracking it.

     (Added to NAC by Bd. of Wildlife Comm’rs by R114-09, eff. 4-20-2010)

      NAC 503.192  Obstruction or contamination of or interference with guzzler prohibited. (NRS 501.105, 501.181)

     1.  Except as otherwise provided in subsection 2, a person shall not:

     (a) Obstruct or contaminate the flow of water to or the storage of water in a guzzler; or

     (b) In any other manner interfere with the operation of a guzzler.

     2.  The provisions of this section do not apply to an officer, employee or agent of the Department or a federal land management agency while acting in his or her official capacity as an officer, employee or agent of the Department or federal land management agency.

     3.  As used in this section:

     (a) “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.

     (b) “Guzzler” means any artificial basin that collects or is designed and constructed to collect precipitation specifically for use by any wildlife.

     (Added to NAC by Bd. of Wildlife Comm’rs by R083-10, eff. 12-16-2010)

      NAC 503.193  Exceptions to requirement of hunting license or permit or trapping license. (NRS 501.105, 501.181, 502.010)

     1.  A person is not required to obtain a hunting license or permit to hunt unprotected wild birds or mammals.

     2.  A person is not required to obtain a hunting license or permit or a trapping license to hunt or trap wildlife which are authorized to be taken in accordance with a permit issued pursuant to NAC 503.710 to 503.740, inclusive.

     3.  A person who holds a trapping license issued by the Department is not required to obtain a hunting license to hunt coyotes, badgers, skunks, raccoons, weasels, ring-tailed cats or fur-bearing mammals.

     (Added to NAC by Bd. of Wildlife Comm’rs, eff. 10-13-95)

      NAC 503.195  Exceptions to requirement of license or permit to hunt upland game birds. (NRS 501.105, 501.181)  A person is not required to obtain a hunting license or permit to hunt:

     1.  Upland game birds which are reared in captivity and released pursuant to a permit issued by the Department for the training of hunting dogs or raptors or for competitive field trials; or

     2.  Upland game birds located within the boundaries of a private or commercial shooting preserve which is licensed by the Department, if the species of upland game bird which is hunted is listed on the license of the shooting preserve.

     (Added to NAC by Bd. of Wildlife Comm’rs, eff. 10-13-95)

RAPTORS

      NAC 503.200  Definitions. (NRS 501.105, 501.181, 503.582, 503.583)  As used in NAC 503.200 to 503.470, inclusive, unless the context otherwise requires:

     1.  “Abatement” means the training and use of a raptor to flush, haze or take wildlife for the purpose of mitigating depredation and nuisance problems, including, without limitation, threats to human health and safety.

     2.  “Bate” means to attempt to fly while tethered.

     3.  “Captive-bred” or “bred in captivity” means raptors, including eggs, hatched in captivity from parents that mated or otherwise transferred gametes in captivity.

     4.  “Captivity” means a live raptor that is held in a controlled environment which is intensively manipulated by humans for the purpose of producing raptors of selected species, and which has boundaries designed to prevent raptors, eggs or gametes of the selected species from entering or leaving the controlled environment.

     5.  “Eyas” means a nestling bird not yet capable of flight.

     6.  “Facility” means an indoor or outdoor facility used for housing a raptor.

     7.  “Falconry” means the sport of taking, or attempting to take, quarry by means of a trained raptor.

     8.  “Falconry licensee” means a person who holds an apprentice, general or master falconry license.

     9.  “Form 3-186A” means:

     (a) Form 3-186A provided by the United States Fish and Wildlife Service; or

     (b) If the United States Fish and Wildlife Service no longer provides Form 3-186A, any form provided by the Department for reporting the acquisition, transfer, release, loss, rebanding, implantation, death or theft of a raptor.

     10.  “Hack” means to train a raptor for falconry by temporarily releasing and subsequently taking the raptor.

     11.  “Hybrid raptor” means a raptor that is:

     (a) The offspring of raptors listed as two or more distinct species in 50 C.F.R. § 10.13; or

     (b) The offspring of raptors recognized by ornithological authorities as two or more distinct species listed in 50 C.F.R. § 10.13.

     12.  “Owner of a raptor” means a person who has reported the acquisition of a raptor to the Department on Form 3-186A and who has not subsequently reported the transfer, release, loss, death or theft of the raptor to the Department on Form 3-186A.

     13.  “Passage” means a bird that has fledged and is less than 1 year of age.

     14.  “Raptor” means a live migratory bird of the order Accipitriformes, Falconiformes or Strigiformes, other than the bald eagle (Haliaeetus leucocephalus) or the golden eagle (Aquila chrysaetos), regardless of whether the raptor was originally taken from the wild or is a captive-bred raptor, is a hybrid raptor, is protected under the Migratory Bird Treaty Act, as amended, 16 U.S.C. §§ 703 et seq., or is used in falconry. 

     15.  “Raptor rehabilitator” means a person who has been issued a permit to rehabilitate raptors pursuant to NAC 503.315.

     16.  “Retake” means to take, by a falconry licensee who is not the person who originally identified the raptor as a falconry raptor, a raptor that has been marked with a leg band, transmitter or any other item identifying it as a falconry raptor.

     17.  “Take” means to trap or capture, or attempt to trap or capture, a raptor for the purpose of falconry.

     [Bd. of Fish & Game Comm’rs, No. 15 § 25.3, eff. 6-1-72; A 12-15-76; 12-30-77]—(NAC A by Bd. of Wildlife Comm’rs, 4-27-84, eff. 5-25-84; 7-1-97; R046-11 & R047-11, 4-5-2013)

      NAC 503.205  License or permit required to hunt, trap, possess or sell raptors; possession of eggs and feathers. (NRS 501.105, 501.181, 503.582, 503.583)

     1.  Except as otherwise provided in subsection 4 and NAC 503.228, 503.405 and 503.415, it is unlawful for any person to hunt, trap, possess or sell any species of owl, hawk or other bird of prey, including any raptor or its parts, without first obtaining a license or permit from the headquarters of the Department.

     2.  The Department shall not issue a license or permit authorizing a person to possess a raptor unless the facility at which the raptor will be housed satisfies the requirements of NAC 503.375 to 503.395, inclusive.

     3.  A person shall not transport, fly or otherwise work with a raptor outside of the facility at which the raptor is housed without having the license or permit required pursuant to subsection 1 in his or her immediate possession.

     4.  A falconry licensee who lawfully possesses a raptor may allow a person who is not a falconry licensee to hold or practice flying the raptor if the falconry licensee is present and supervising the person.

     5.  Raptor eggs may not be taken or possessed, except that raptor eggs laid by a bird in the possession of a person who holds a permit for captive propagation of raptors may be possessed if the holder of the permit notifies the headquarters of the Department in writing within 5 business days after the first egg has been laid. Eggs laid by a raptor held under the authority of a falconry license must be reported by the falconry licensee to the Department within 5 business days after the first egg has been laid. The falconry licensee will dispose of the egg as directed by the Department.

     6.  Raptor feathers that are molted or are from raptors held in captivity that die, may be retained and exchanged by falconry licensees for imping purposes only and subject to the following conditions:

     (a) Raptor feathers may not be purchased, sold or bartered.

     (b) A falconry licensee may:

          (1) Possess feathers for each species of raptor he or she lawfully possesses or has possessed;

          (2) Receive feathers for each species of raptor he or she lawfully possesses or has possessed from any other falconry licensee, a propagator in the United States, a raptor rehabilitator or a wildlife rehabilitator licensed or permitted by the Department or the United States Fish and Wildlife Service; and

          (3) Donate feathers to a falconry licensee, a propagator in the United States, a raptor rehabilitator, a wildlife rehabilitator licensed or permitted by the Department or the United States Fish and Wildlife Service, any person otherwise authorized by a license or permit to acquire and possess raptor feathers or any person or institution exempt from those license or permit requirements pursuant to 50 C.F.R. § 21.12.

     (c) If a license or permit authorizing a person to possess raptor feathers expires or is revoked, any raptor feathers possessed by the person must be:

          (1) Donated to a falconry licensee, a propagator in the United States, a raptor rehabilitator, a wildlife rehabilitator licensed or permitted by the Department or the United States Fish and Wildlife Service, any person otherwise authorized by a license or permit to acquire and possess raptor feathers or any person or institution exempt from those license or permit requirements pursuant to 50 C.F.R. § 21.12; or

          (2) Burned, buried or otherwise destroyed.

     [Bd. of Fish & Game Comm’rs, No. 15 § 25.10, eff. 6-1-72; A 12-15-76; 12-30-77]—(NAC A by Bd. of Wildlife Comm’rs, 7-1-97; R168-99, 1-19-2000; R047-11, 4-5-2013)

      NAC 503.210  Practice of falconry: General requirements. (NRS 501.105, 501.181, 503.582, 503.583)

     1.  When practicing falconry on game species, a falconry licensee shall comply with the provisions of title 45 of NRS and all regulations of the Commission. A species of wildlife which is classified as protected and further classified as threatened or endangered by the Commission, or as threatened or endangered by the United States Fish and Wildlife Service, that is taken incidentally by a raptor may not be retained or possessed by a falconry licensee and the falconry licensee shall report the taking to the United States Fish and Wildlife Service not later than 72 hours after the taking. A species of wildlife which is classified as a game species by the Department that is taken incidentally by a raptor during the closed season may not be retained or possessed by the falconry licensee, except that the falconry licensee may allow the raptor to feed on the game species. A falconry licensee shall not intentionally release a raptor after any wildlife which is in a refuge or in a state or national park or is on privately owned property where the falconry licensee does not have permission to hunt. A falconry licensee may fly a raptor at an animal raised in captivity and at any species of bird that is not listed as a protected species by the Migratory Bird Treaty Act, as amended, 16 U.S.C. §§ 703 et seq.

     2.  A falconry licensee may train or condition a raptor using any method, including, without limitation, a balloon, kite or lure and any creance or tethered flying.

     [Bd. of Fish & Game Comm’rs, No. 15 § 25.11, eff. 12-15-76; A 12-30-77]—(NAC A by Bd. of Wildlife Comm’rs, 7-1-97; R093-05, 10-31-2005; R047-11, 4-5-2013)

      NAC 503.212  Banding of raptors. (NRS 501.105, 501.181, 503.582, 503.583)

     1.  Except as otherwise provided in NAC 503.214 and 503.217, the owner of a raptor shall attach a leg band to the raptor pursuant to the provisions of this section.

     2.  For a raptor originally taken from the wild:

     (a) For a goshawk (Accipiter gentilis), Harris’s hawk (Parabuteo unicinctus), peregrine falcon (Falco peregrinus) or gyrfalcon (Falco rusticolus):

          (1) Unless the raptor is already so banded, the owner of the raptor shall attach to the raptor a permanent, nonreusable and numbered leg band which is supplied by the United States Fish and Wildlife Service and provided by the Department; and

          (2) The owner of the raptor may implant in the raptor a 134.2-kilohertz microchip that complies with the standards established by the International Organization for Standardization or its successor; and

     (b) For a raptor that is not of a species listed in paragraph (a), a person shall not attach to the raptor a nonreusable and numbered leg band which is supplied by the Department.

     3.  For a captive-bred raptor, unless the raptor is already banded, the owner of the raptor shall attach to the raptor a nonreusable and numbered leg band which is supplied by the United States Fish and Wildlife Service and provided by the Department.

     (Added to NAC by Bd. of Wildlife Comm’rs by R046-11 & R047-11, eff. 4-5-2013)

      NAC 503.214  Duties of owner of raptor if leg band must be removed or is lost. (NRS 501.105, 501.181, 503.582, 503.583)

     1.  If a leg band attached to a raptor pursuant to NAC 503.212 must be removed or is lost, the owner of the raptor shall, not later than 5 working days after the removal or after the loss is discovered, report the removal or loss to the United States Fish and Wildlife Service on its Internet website and shall:

     (a) Request a replacement leg band from the Department and attach to the raptor the replacement leg band immediately after receiving the replacement leg band; or

     (b) Purchase and immediately implant in the raptor a 134.2-kilohertz microchip that complies with the standards established by the International Organization for Standardization or its successor.

     2.  Not later than 5 days after rebanding a captive-bred raptor pursuant to subsection 1, the owner of the raptor:

     (a) Shall report the rebanding, and any other information required by the Department, to the Department on Form 3-186A; and

     (b) Shall report the rebanding, and any other information required by the United States Fish and Wildlife Service, to the United States Fish and Wildlife Service on its Internet website.

     (Added to NAC by Bd. of Wildlife Comm’rs by R046-11 & R047-11, eff. 4-5-2013)

      NAC 503.215  Altering, counterfeiting or defacing of leg band prohibited; exception. (NRS 501.105, 501.181, 503.582, 503.583)  The altering, counterfeiting or defacing of a leg band obtained pursuant to NAC 503.212 or 503.214 is prohibited except that a permittee may remove the rear tab from a nonreusable and numbered leg band and make smooth any imperfect surface if the integrity of the leg band and its numbering are not affected.

     [Bd. of Fish & Game Comm’rs Gen. Reg. No. 15 § 25.12, eff. 12-15-76; A 12-30-77; 8-1-80]—(NAC A by Bd. of Wildlife Comm’rs, 10-13-95; R046-11 & R047-11, 4-5-2013)

      NAC 503.217  Exemption from banding requirements; duties of owner of raptor if raptor is exempt from banding requirements. (NRS 501.105, 501.181, 503.582, 503.583)

     1.  If an owner of a raptor provides evidence satisfactory to the Department that a leg band attached to the raptor pursuant to NAC 503.212 or 503.214 injures or otherwise impairs the health of the raptor, the Department may exempt the raptor from the banding requirements of those sections.

     2.  An owner of a raptor which is exempt from any banding requirements pursuant to subsection 1:

     (a) Shall, while transporting or flying the raptor, have in his or her possession a copy of any papers documenting that exemption; and

     (b) If the raptor was originally taken from the wild and is of a species listed in paragraph (a) of subsection 2 of NAC 503.212, shall implant in the raptor a 134.2-kilohertz microchip which complies with the standards established by the International Organization for Standardization, or its successor, and which is supplied to the Department by the United States Fish and Wildlife Service.

     (Added to NAC by Bd. of Wildlife Comm’rs by R046-11 & R047-11, eff. 4-5-2013)

      NAC 503.220  Introduction into or removal from State of raptors. (NRS 501.105, 501.181, 503.582, 503.583, 503.597)

     1.  It is unlawful, except by the written consent and approval of the Department, for any person at any time to receive, bring, or have brought or shipped into the State of Nevada, or to remove from one portion of this State to any other portion or to any other state, any raptor or any eggs or young of any raptor.

     2.  Any falconry licensee whose license lists the raptors in his or her possession may bring into this State or remove to any other state any raptor listed on the license without having a permit for importation or exportation if a seamless leg band or a permanent, nonreusable and numbered leg band which is supplied by the United States Fish and Wildlife Service or the Department, as appropriate, is attached to the raptor.

     3.  A falconry licensee who:

     (a) Is a resident of this State;

     (b) Possesses a raptor pursuant to his or her license; and

     (c) Moves to another state and brings the raptor to the other state pursuant to subsection 2,

Ê shall, not later than 30 days after the move, notify the Department of the move and provide to the Department his or her current residential address.

     4.  A person who is not a resident of this State and who holds a valid falconry license issued by the appropriate agency of the jurisdiction in which the person resides may bring into or remove from this State a raptor in his or her possession under the authority of that falconry license without having a permit for the importation or exportation of a raptor issued by the Department if a seamless leg band or a permanent, nonreusable and numbered leg band which is supplied by the United States Fish and Wildlife Service or the appropriate agency of the jurisdiction which issued the license if required, as appropriate, is attached to the raptor.

     5.  A person who:

     (a) Moves to this State with the intent to make this State his or her permanent residence; and

     (b) Brings a raptor into this State pursuant to subsection 4,

Ê may continue to possess the raptor for not more than 30 days after becoming a resident of this State pursuant to NRS 502.015 before he or she must obtain a falconry license from the Department.

     6.  A raptor taken from the wild in Nevada by a resident of this State may not be permanently removed from this State unless the:

     (a) Resident holds a valid license issued by the Department pursuant to NRS 503.583 and leaves this State to establish his or her domicile in another state; or

     (b) Raptor has been held for at least 1 year.

     [Bd. of Fish & Game Comm’rs Gen. Reg. No. 15 & 25.13, eff. 6-1-72; A 9-20-75; 12-15-76; 12-30-77; 8-1-80]—(NAC A by Bd. of Wildlife Comm’rs, 4-27-84, eff. 5-25-84; 10-13-95; 7-1-97; R047-11, 4-5-2013)

      NAC 503.225  Transfer, sale, trade, barter, purchase or acquisition by trade or barter of raptors. (NRS 501.105, 501.181, 503.582, 503.583)

     1.  A falconry licensee may receive by transfer legally acquired raptors from other persons authorized to possess raptors and may transfer a raptor in his or her lawful possession to any other person authorized to possess a raptor.

     2.  A person authorized to possess a raptor may transfer or acquire by transfer a raptor which was originally taken from the wild.

     3.  A person shall not sell, trade, barter, purchase, acquire by trade or barter, or attempt to sell, trade, barter, purchase or acquire by trade or barter, a raptor which was originally taken from the wild.

     4.  A person authorized to possess a raptor may transfer, sell, trade, barter, purchase, acquire by trade or barter, or attempt to transfer, sell, trade, barter, purchase, or acquire by transfer, trade or barter, a captive-bred raptor only if the raptor is:

     (a) Two weeks of age or more; and

     (b) Except as otherwise provided in NAC 503.217, banded pursuant to NAC 503.212 or 503.214.

     5.  If a person acquires a raptor pursuant to this section:

     (a) Except as otherwise provided in paragraph (b), the raptor does not count toward the number of raptors the person may obtain from the wild pursuant to his or her permit, NRS 503.583 and NAC 503.300, regardless of whether the raptor was bred in captivity or was originally taken from the wild; and

     (b) If the person acquired the raptor with the intent to keep the raptor, and if the raptor was acquired from a raptor rehabilitator and was originally taken from the wild, the raptor counts toward the number of raptors the person may obtain from the wild pursuant to his or her permit, NRS 503.583 and NAC 503.300.

     [Bd. of Fish & Game Comm’rs Gen. Reg. No. 15 § 25.14, eff. 6-1-72; A 12-15-76; 12-30-77]—(NAC A by Bd. of Wildlife Comm’rs, 4-27-84, eff. 5-25-84; 7-1-97; R047-11, 4-5-2013)

      NAC 503.226  Required reporting of acquisition, transfer, release, loss, rebanding, microchip implantation, death or theft of raptor. (NRS 501.105, 501.181, 503.582, 503.583)

     1.  If a falconry licensee:

     (a) Acquires, transfers, intentionally releases or loses a raptor that is not recovered within 30 days;

     (b) Rebands a raptor or implants a microchip into a raptor pursuant to NAC 503.214 or 503.217; or

     (c) Possesses a raptor and the raptor dies or is stolen,

Ê the falconry licensee shall report the acquisition, transfer, release, loss, rebanding, microchip information, death or theft to the United States Fish and Wildlife Service on its Internet website, and shall provide a copy of Form 3-186A to the Department, not later than 5 days after the acquisition, transfer, release, loss, rebanding, microchip implantation, death or theft. The falconry licensee shall keep a copy of the Form 3-186A and a printed copy of any forms submitted electronically to the United States Fish and Wildlife Service pursuant to this subsection for as long as the falconry licensee keeps the raptor and not less than 5 years after the falconry licensee transfers, releases or loses the raptor or after the raptor dies or is stolen.

     2.  In addition to the requirements of subsection 1, if a raptor is stolen, the owner of the raptor shall report the theft to the Department and to the appropriate regional law enforcement office of the United States Fish and Wildlife Service not later than 5 days after the theft is discovered.

     (Added to NAC by Bd. of Wildlife Comm’rs by R047-11, eff. 4-5-2013)

      NAC 503.227  Transfer of raptor originally taken from wild to holder of permit for captive propagation of raptors. (NRS 501.105, 501.181, 503.582, 503.583)  The owner of a raptor may transfer a raptor which was originally taken from the wild to the holder of a permit for captive propagation of raptors issued pursuant to NAC 503.315:

     1.  If the raptor is a sharp-shinned hawk (Accipiter striatus), Cooper’s hawk (Accipiter cooperii), merlin (Falco columbarius) or American kestrel (Falco sparverius):

     (a) Except as otherwise provided in paragraph (b), only if the raptor has been used for falconry for 1 year or more; or

     (b) If the raptor has been used for falconry for less than 1 year, only if the owner provides to the Department written certification by a licensed veterinarian, raptor rehabilitator or wildlife rehabilitator licensed or permitted by the Department or the United States Fish and Wildlife Service that the raptor has been injured and cannot be flown for falconry; and

     2.  If the raptor is any other species:

     (a) Except as otherwise provided in paragraph (b), only if the raptor has been used for falconry for 2 years or more; or

     (b) If the raptor has been used for falconry for less than 2 years, only if the owner provides to the Department written certification by a licensed veterinarian, raptor rehabilitator or wildlife rehabilitator licensed or permitted by the Department or the United States Fish and Wildlife Service that the raptor has been injured and cannot be flown for falconry.

     (Added to NAC by Bd. of Wildlife Comm’rs by R047-11, eff. 4-5-2013)

      NAC 503.228  Possession and transfer of raptor if owner of raptor dies. (NRS 501.105, 501.181, 503.582, 503.583)  Notwithstanding the provisions of NAC 503.205, 503.225, 503.226 and 503.227, if the owner of a raptor dies, the surviving spouse, if any, of the owner or the executor, administrator or other legal representative of the estate of the owner:

     1.  May possess the raptor for not more than 90 days after the death of the owner; and

     2.  Not later than 90 days after the death of the owner, shall transfer the raptor to any person authorized to possess the raptor or to the Department, which shall determine the final disposition of the raptor.

     (Added to NAC by Bd. of Wildlife Comm’rs by R047-11, eff. 4-5-2013)

      NAC 503.230  Release of raptors. (NRS 501.105, 501.181, 503.582, 503.583)

     1.  The owner of a raptor of any species may release the raptor to the wild pursuant to the provisions of this section.

     2.  A falconry licensee shall not intentionally and permanently release to the wild a hybrid raptor or a raptor which is of a species not indigenous to this State.

     3.  A falconry licensee shall not intentionally and permanently release to the wild a captive-bred raptor that is of a species indigenous to this State unless:

     (a) The falconry licensee:

          (1) Temporarily releases and subsequently takes the raptor to allow the raptor to adjust to the wild; and

          (2) Receives written authorization from the Department to release the raptor to the wild permanently; and

     (b) The falconry licensee releases the raptor at an appropriate time during the year and at an appropriate location, as determined by the Department and included in the written authorization required pursuant to subparagraph (2) of paragraph (a).

     4.  A falconry licensee shall not intentionally and permanently release to the wild a raptor which was originally taken from the wild and which is of a species indigenous to this State unless the falconry licensee:

     (a) Receives written authorization from the Department to release the raptor to the wild permanently; and

     (b) Releases the raptor at an appropriate time during the year and at an appropriate location, as determined by the Department and included in the written authorization required pursuant to paragraph (a).

     5.  Before releasing a raptor to the wild pursuant to this section, the falconry licensee shall remove the leg band, if any, from the raptor.

     6.  Not later than 5 days after releasing a raptor to the wild pursuant to this section, the falconry licensee shall:

     (a) Return the leg band, if any, removed pursuant to subsection 5 to the Department; and

     (b) Report the release to the Department on Form 3-186A.

     [Bd. of Fish & Game Comm’rs Gen. Reg. No. 15 § 25.15, eff. 12-30-77]—(NAC A by Bd. of Wildlife Comm’rs, 4-27-84, eff. 5-25-84; 7-1-97; R047-11, 4-5-2013)

      NAC 503.235  Falconry license: Requirement; application; examination; reinstatement; conditions; exceptions. (NRS 501.105, 501.181, 503.582, 503.583)

     1.  Except as otherwise provided in subsection 9 and NAC 503.415, a person who is a resident of the State of Nevada and who practices falconry or trains birds of prey must obtain a falconry license of the proper class from the Department. An applicant for a falconry license must include on his or her application:

     (a) The name of the applicant;

     (b) The physical and mailing address of the applicant’s residence;

     (c) The telephone number of the applicant’s residence;

     (d) The date of birth of the applicant;

     (e) The driver’s license number of the applicant, if he or she has been issued a driver’s license;

     (f) The social security number of the applicant;

     (g) The number of raptors the applicant possesses and the species of each;

     (h) The age of each raptor, if known;

     (i) The sex of each raptor, if known;

     (j) The source and date of acquisition of each raptor;

     (k) The leg band number, if required, of each raptor;

     (l) Except as otherwise provided in paragraph (m), the applicant’s signature and the date on which he or she signed the application;

     (m) For an applicant who is less than 18 years of age, the signature of a parent or legal guardian of the applicant; and

     (n) For an application for an apprentice falconry license, a certification statement in substantially the following form:

 

     I certify that I have read and am familiar with the provisions of Part 13 of Title 50 of the Code of Federal Regulations and any other applicable sections of Subchapter B of Chapter I of Title 50 of the Code of Federal Regulations and that the information I have submitted is complete and accurate to the best of my knowledge and belief. I understand that any intentionally false statement herein may subject me to criminal penalties under federal law, as set forth in 18 U.S.C. § 1001.

 

     2.  If the applicant has moved to this State with the intention of making this State his or her permanent residence and the applicant holds a falconry license issued by the state from which he or she is moving, the applicant may attach a copy of his or her falconry license to his or her application in lieu of taking the examination required by subsection 4. If the applicant fails to attach a copy of his or her falconry license issued by the applicant’s previous state of residence, he or she will be required to take the examination required by subsection 4.

     3.  If the applicant has moved to this State with the intent to make this State his or her permanent residence and the applicant holds a falconry license issued by a country other than the United States, the applicant must attach a copy of his or her falconry license to his or her application and must take the examination required by subsection 4 before being issued a falconry license. If the applicant correctly answers 80 percent of the questions on the examination, the Department shall determine, based on the requirements of NAC 503.240 and any documentation of experience in falconry submitted by the applicant, which class of falconry license to issue to the applicant.

     4.  Except as otherwise provided in subsections 2 and 3, before the Department issues a falconry license pursuant to this section or reinstates a falconry license pursuant to paragraph (b) of subsection 5, the applicant must correctly answer at least 80 percent of the questions on a supervised examination approved by the United States Fish and Wildlife Service and administered by the Department. The examination will test the applicant’s knowledge of basic biology, the care and handling of raptors, and the literature, laws, and regulations, and other subjects relating to falconry. Failure of the examination will result in a 30-day waiting period after the date of the written examination before reexamination.

     5.  If the falconry license of an applicant has been expired:

     (a) For less than 5 years, the Department may reinstate the license at the class previously held by the applicant if the applicant provides evidence satisfactory to the Department that the applicant previously held that class of license; or

     (b) For 5 years or more, the Department may reinstate the license at the class previously held by the applicant if the applicant:

          (1) Provides evidence satisfactory to the Department that the applicant previously held that class of license; and

          (2) Correctly answers at least 80 percent of the questions on the examination required by subsection 4.

     6.  A person must possess a valid falconry license when practicing falconry. In addition, a person who releases a raptor at game birds or game mammals during the open season must possess a valid hunting license issued by the Department.

     7.  The Department may deny issuance or renewal of any class of falconry license or permit if the applicant has been convicted of a violation of any provision of NAC 503.200 to 503.470, inclusive. An applicant whose license has been denied may appeal the denial to the Commission.

     8.  A person who is not a resident of the State of Nevada and who possesses a valid falconry license issued by the state or country of which he or she is a resident does not have to obtain a falconry license of the proper class from the Department to practice falconry while visiting this State.

     9.  A person who possesses a raptor solely for commercial displays or exhibitions is not required to obtain a falconry license if:

     (a) The species of raptor used or to be used in the commercial display or exhibition is not listed as a protected species by the Migratory Bird Treaty Act, as amended, 16 U.S.C. §§ 703 et seq.; and

     (b) The raptor is not used for the sport of falconry.

     [Bd. of Fish & Game Comm’rs Gen. Reg. No. 15 § 25.20 & Part § 25.50, eff. 6-1-72; A 9-20-75; 12-15-76; 12-30-77]—(NAC A by Bd. of Wildlife Comm’rs, 4-27-84, eff. 5-25-84; 7-1-97; R047-11, 4-5-2013)

      NAC 503.240  Falconry license: Classifications; issuance. (NRS 501.105, 501.181, 503.582, 503.583)

     1.  The Department may issue apprentice, general and master falconry licenses.

     2.  The Department may issue an apprentice license to an applicant who:

     (a) Is at least 12 years of age; and

     (b) Obtains a sponsor for the first 2 years during which the applicant is an apprentice falconry licensee. The sponsor must:

          (1) Be at least 18 years of age;

          (2) Be a master falconry licensee or have been a general falconry licensee for at least 2 years; and

          (3) Provide to the Department a letter stating that he or she will sponsor and assist the applicant, as appropriate, in:

               (I) Learning about the husbandry and training of raptors for falconry;

               (II) Learning about relevant state and federal wildlife laws and regulations; and

               (III) Determining which species of raptor is appropriate to possess while the applicant is an apprentice falconry licensee.

     3.  Except as otherwise provided in subsection 4, the Department may issue a general falconry license to an applicant who:

     (a) Is at least 16 years of age;

     (b) Has at least 2 years’ experience in the practice of falconry as an apprentice falconry licensee or the equivalent classification of an apprentice falconry licensee, including, without limitation, maintaining, training, flying and hunting the raptor for at least 4 months during each of those years;

     (c) Has possessed a raptor during each year that the applicant was licensed as an apprentice or the equivalent; and

     (d) Submits a signed letter from his or her sponsor which recommends the issuance of a general license to the applicant and which states that the applicant has obtained the experience required pursuant to paragraph (b).

     4.  The Department shall not issue a general falconry license pursuant to subsection 3 to an applicant who has less than 2 years’ experience in the practice of falconry, regardless of whether the applicant has attended a falconry school or falconry education program.

     5.  The Department may issue a master falconry license to an applicant who has at least 5 years’ experience in the practice of falconry as a general falconry licensee or the equivalent classification of a general falconry licensee.

     [Bd. of Fish & Game Comm’rs Gen. Reg. No. 15 Part § 25.21, eff. 12-15-76; A 12-30-77]—(NAC A by Bd. of Wildlife Comm’rs, 7-1-97; R047-11, 4-5-2013)

REVISER’S NOTE.

      The regulation filed with the Secretary of State on July 1, 1997, LCB File No. R149-96, by the Board of Wildlife Commissioners contained the following provision not included in NAC:

      “A person who, on the effective date of this regulation, holds a current master falconry license issued by the Division [now the Department] pursuant to NAC 503.240 does not need to comply with the amendatory provisions of section 15 of this regulation [NAC 503.240] to renew his master falconry license.”

 

      NAC 503.245  Sponsorship of apprentice licensee. (NRS 501.105, 501.181, 503.583)

     1.  A person who is a general or master falconry licensee or the equivalent may sponsor an apprentice falconry licensee.

     2.  A person may not sponsor more than three apprentice licensees at one time.

     3.  If sponsorship is terminated, the holder of an apprentice license must obtain a new sponsor within 30 days of the date of termination of the sponsorship or his or her apprentice license will be revoked.

     [Bd. of Fish & Game Comm’rs Gen. Reg. No. 15 Part § 25.21, eff. 12-30-77]—(NAC A by Bd. of Wildlife Comm’rs, 4-27-84, eff. 5-25-84)

      NAC 503.250  Possession and replacement of raptors by apprentice licensee, general licensee or master licensee. (NRS 501.105, 501.181, 503.582, 503.583)

     1.  An apprentice falconry licensee:

     (a) Shall not possess more than one raptor nor obtain more than one raptor for replacement during any calendar year.

     (b) May possess a raptor of any species of the order Falconiformes or Strigiformes, including, without limitation, wild, captive-bred or hybrid raptors, except a raptor of the following species:

          (1) Bald eagle (Haliaeetus leucocephalus);

          (2) Osprey (Pandion haliaetus);

          (3) White-tailed kite (Elanus leucurus);

          (4) Golden eagle (Aquila chrysaetos);

          (5) White-tailed eagle (Haliaeetus albicilla);

          (6) Steller’s sea eagle (Haliaeetus pelagicus);

          (7) Any owl except a great horned owl (Bubo virginianus); or

          (8) Any species listed as endangered or threatened pursuant to the federal Endangered Species Act of 1973, as amended, 16 U.S.C. §§ 1531 et seq.

     (c) Except as otherwise provided in paragraphs (d) and (e), may possess a raptor which was originally taken from the wild.

     (d) Shall not possess a raptor which was taken from the wild as a nestling.

     (e) Shall not possess a raptor that is imprinted on humans.

     2.  A general falconry licensee:

     (a) Shall not possess more than three raptors nor obtain more than two raptors for replacement during any calendar year.

     (b) May possess a raptor of any species of the order Falconiformes or Strigiformes, including, without limitation, a wild, captive-bred or hybrid raptor, except a raptor of a species listed or described in paragraph (b) of subsection 1.

     3.  A master falconry licensee:

     (a) Except as otherwise provided in paragraphs (b) and (c), shall not possess more than five raptors taken from the wild nor obtain more than two raptors taken from the wild for replacement during any calendar year.

     (b) May possess a raptor of any species of the order Falconiformes or Strigiformes, including, without limitation, wild, captive-bred or hybrid raptors, except a raptor of a species listed or described in paragraph (b) of subsection 1.

     (c) May possess any number of captive-bred raptors if the master falconry licensee is actively using the raptors for hunting or training the raptors in the pursuit of game birds or game mammals.

     [Bd. of Fish & Game Comm’rs Gen. Reg. No. 15 Part § 25.21, eff. 6-1-72; A 9-20-75; 12-15-76; 12-30-77]—(NAC A by Bd. of Wildlife Comm’rs, 7-1-97; R047-11, 4-5-2013)

      NAC 503.255  Equipment required before obtaining raptor; inspection by Department. (NRS 501.105, 501.181, 503.582, 503.583)  Before obtaining a raptor, a falconry licensee must allow an inspection by a representative of the Department to ensure that he or she possesses:

     1.  At least one pair of Alymeri or similar jesses constructed of pliable, high-quality leather or suitable synthetic material to be used when any raptor is flown free. Traditional one-piece jesses may be used when a raptor is not being flown.

     2.  At least one flexible, weather-resistant leash and one strong swivel of acceptable falconry design.

     3.  At least one suitable container for each raptor for drinking and bathing. The container must be 2 to 6 inches deep and wider than the length of the raptor.

     4.  A reliable scale or balance suitable for weighing a raptor. The device must be graduated in increments of not more than 1/2 ounce or 15 grams.

     5.  Equipment for protecting a raptor when transporting the raptor, including, without limitation, a perch suitable for the raptor and equipment to protect the raptor from extreme temperatures and wind and excessive disturbance. A container of the type commonly known as a giant hood, or a similar container, shall be deemed by the Department to be acceptable for transporting a raptor or for temporarily housing a raptor.

     6.  Any radio transmitters required pursuant to NAC 503.465.

     [Bd. of Fish & Game Comm’rs Gen. Reg. No. 15 § 25.215, eff. 12-30-77]—(NAC A by Bd. of Wildlife Comm’rs, 7-1-97; R047-11, 4-5-2013)

      NAC 503.260  Inspections. (NRS 501.105, 501.181, 503.582, 503.583)

     1.  Any person holding a falconry license must allow the Department’s employees to enter his or her premises at any reasonable hour:

     (a) To inspect equipment, mews or other raptor housing facilities to ensure compliance with the provisions of NAC 503.375 to 503.395, inclusive;

     (b) To inspect raptors possessed by the falconry licensee; and

     (c) To inspect, audit or copy any permit, book or record required to be kept by the provisions of NAC 503.200 to 503.470, inclusive, or federal regulations relating to falconry.

     2.  Refusal to allow inspection of raptors, facilities and equipment during reasonable hours will result in the denial of issuance or revocation of the raptor license or permit and seizure of any raptor in the falconry licensee’s possession.

     [Bd. of Fish & Game Comm’rs Gen. Reg. No. 15 § 25.22, eff. 6-1-72; A 12-15-76; 12-30-77]—(NAC A by Bd. of Wildlife Comm’rs, 4-27-84, eff. 5-25-84; R047-11, 4-5-2013)

      NAC 503.265  Application for license must include information on raptors in applicant’s possession. (NRS 501.105, 501.181, 503.582, 503.583)  A person who is applying to renew a falconry license, and a person who is applying for a new falconry license, must include on his or her application for the license each species of raptor and the leg band number, if required, of each raptor he or she possesses on the date of the application. A falconry license or permit to take a raptor will not be issued or renewed unless the applicant has provided the Department with the information required by this section.

     [Bd. of Fish & Game Comm’rs Gen. Reg. No. 15 § 25.23, eff. 12-15-76; A 12-30-77]—(NAC A by Bd. of Wildlife Comm’rs, 7-1-97; R047-11, 4-5-2013)

      NAC 503.300  Permit to take raptors: Quota; falconry license required. (NRS 501.105, 501.181, 503.582, 503.583)

     1.  Each year, the Commission may establish a resident and nonresident quota for raptors that may be taken from the wild under a permit.

     2.  A holder of a permit to take raptors may take from the wild only the number of raptors permitted, but in no event more than two raptors per calendar year, regardless of whether the raptor is subsequently transferred during that calendar year.

     3.  Before obtaining a permit to take raptors, a permittee must possess a valid falconry license issued by this State, a valid falconry license issued by the state of which the permittee is a resident or, if he or she is not a resident of the United States, by the country of which the permittee is a resident.

     [Bd. of Fish & Game Comm’rs Gen. Reg. No. 15 § 25.30, eff. 6-1-72; A 12-15-76; 12-30-77]—(NAC A by Bd. of Wildlife Comm’rs 4-27-84, eff. 5-25-84; 7-1-97; R046-11, 4-5-2013)

      NAC 503.305  Permit to take raptors: Conditions. (NRS 501.105, 501.181, 503.582, 503.583)  A holder of a permit to take raptors is subject to the following conditions:

     1.  Except as otherwise provided in subsection 5, a general or master falconry licensee may take only raptors less than 1 year of age and only during the period specified by the Commission. No more than two eyasses may be taken by a holder of a permit to take raptors during that period.

     2.  At least one eyas must be left in each nest or aerie from which any eyas is taken.

     3.  The physical characteristics of a nest or aerie from which any eyas is taken may not be altered.

     4.  Except as otherwise provided in subsection 6, passage birds may be taken only during the period specified by the Commission.

     5.  The only raptors over 1 year of age which may be taken are the American kestrel (Falco sparverius) and the great horned owl (Bubo virginianus), except that under a depredation (special purpose) permit which was jointly authorized by the United States Fish and Wildlife Service and the Department, any raptor other than raptors of threatened or endangered species may be taken for falconry purposes by a general or master falconry licensee.

     6.  An apprentice falconry licensee may take only passage birds of the species specified on the falconry license of the apprentice falconry licensee.

     7.  Except as otherwise provided in NAC 503.370, peregrine falcons may not be taken in Nevada. A peregrine falcon that is legally obtained may be imported and possessed under the terms and conditions of a falconry license issued by the Department.

     8.  Birds of the following species may not be taken, transported, possessed or used in the practice of falconry:

     (a) Bald eagle (Haliaeetus leucocephalus);

     (b) Osprey (Pandion haliaetus);

     (c) White-tailed kite (Elanus leucurus);

     (d) Golden eagle (Aquila chrysaetos);

     (e) White-tailed eagle (Haliaeetus albicilla);

     (f) Stellar’s sea eagle (Haliaeetus pelagicus);

     (g) Any owl except the great horned owl (Bubo virginianus); and

     (h) Any species listed as endangered or threatened pursuant to the federal Endangered Species Act of 1973, as amended, 16 U.S.C. §§ 1531 et seq.

     9.  Except as otherwise provided in NAC 503.350 to 503.370, inclusive, if the holder takes a raptor that the holder is not authorized to possess, the holder shall release the raptor immediately.

     10.  Permits to take raptors are not transferable.

     [Bd. of Fish & Game Comm’rs Gen. Reg. No. 15 § 25.301 & Part § 25.35, eff. 6-1-72; A 12-15-76; 12-30-77]—(NAC A by Bd. of Wildlife Comm’rs, 7-1-97; R046-11, 4-5-2013)

      NAC 503.310  Use of traps or bird nets to take raptors. (NRS 501.105, 501.181, 503.582, 503.583)

     1.  A raptor may be taken by a trap or bird net which is humane in its operation and use. All traps must be attended at all times. Raptors may not be taken by means of a steel-jawed trap or jump-trap. Apprentice falconry licensees may use only bal-chatri, harness or bow net traps in acquiring raptors.

     2.  As used in subsection 1:

     (a) “Bal-chatri” means a hemispherical cage on which many nooses are tied baited with a bird or mammal and placed in view of a wild raptor to serve as a trap in which neither raptor nor bait is injured.

     (b) “Bow net” means a circular hoop hinged in the middle and covered with netting. It is usually attached to the ground so one side can swing freely.

     (c) “Harness” means a light leather or cloth saddle covered with nooses which is placed on tethered bait.

     [Bd. of Fish & Game Comm’rs, No. 15 § 25.31, eff. 12-15-76; A 12-30-77]—(NAC A by Bd. of Wildlife Comm’rs by R046-11, 4-5-2013)

      NAC 503.315  Permit to rehabilitate raptors; permit for captive breeding and propagation of raptors. (NRS 501.105, 501.181, 503.582)

     1.  The Department may issue a permit to rehabilitate raptors for the possession and temporary care of raptors. Such a permit may authorize a person to hold an injured raptor for rehabilitation and later release the raptor into the wild upon recovery or when directed by the Department. An applicant for a permit to rehabilitate raptors must hold a valid permit to rehabilitate raptors issued by the United States Fish and Wildlife Service, or provide evidence satisfactory to the Department that approval for such a permit is pending. A permit to rehabilitate raptors issued by the Department is not valid until the Department receives a copy of a permit to rehabilitate raptors issued by the United States Fish and Wildlife Service to the applicant.

     2.  A project for the captive breeding and propagation of raptors may be approved by the Department if the applicant holds a permit for the propagation of raptors issued by the United States Fish and Wildlife Service pursuant to 50 C.F.R. § 21.30, or provides evidence satisfactory to the Department that approval for such a permit is pending. A permit for the captive breeding and propagation of raptors issued by the Department is not valid until the Department receives a copy of a permit for the propagation of raptors issued by the United States Fish and Wildlife Service to the applicant. The applicant must first provide a statement showing the objectives and justification for the project. An applicant’s failure to comply with the terms, conditions and restrictions of the federal permit for the propagation of raptors is cause for the Department to cancel its approval of the project.

     [Bd. of Fish & Game Comm’rs, No. 15 § 25.40, eff. 6-1-72; A 12-15-76; 12-30-77]—(NAC A by Bd. of Wildlife Comm’rs, 7-1-97)

      NAC 503.320  Taking of raptors for falconry: Attachment of leg band; validation of permit; transportation of raptor from State. (NRS 501.105, 501.181, 503.582, 503.583)  A holder of a permit to take raptors who is successful in taking a raptor shall immediately attach the leg band obtained pursuant to NAC 503.212 and personally present the raptor to a representative of the Department for validation of the permit no later than 72 hours after the raptor is taken. No raptor may be transported from this State until a nonreusable and numbered leg band is attached and the person transporting it has had the permit validated by the Department.

     [Bd. of Fish & Game Comm’rs, No. 78-2 § 1 subsec. 3, eff. 6-29-78; A 10-1-78; 4-8-80]—(NAC A by Bd. of Wildlife Comm’rs, 7-1-97; R046-11, 4-5-2013)

      NAC 503.325  Taking of raptors for falconry: Return of unused permit and leg band. (NRS 501.105, 501.181, 503.582, 503.583)  A holder of a permit to take raptors who has not taken a raptor shall return the unused permit and leg band to the Department for cancellation within 5 days after the close of the season.

     [Bd. of Fish & Game Comm’rs, No. 78-2 § 1 subsec. 4, eff. 6-29-78; A 10-1-79; 4-8-80]—(NAC A by Bd. of Wildlife Comm’rs, 7-1-97; R046-11, 4-5-2013)

      NAC 503.330  Taking of raptors for falconry: Grounds for denial of permit; reinstatement of privilege; administrative fine. (NRS 501.105, 501.181, 503.582, 503.583)

     1.  If a holder of a permit to take raptors has submitted any false statement on his or her application for the permit or fails to return the permit and leg band for cancellation or validation within the period specified, the Department shall deny him or her a permit to take raptors for the following year.

     2.  Any person who has been denied a permit to take raptors pursuant to the provisions of this section may have the privilege reinstated if the person pays to the Department an administrative fine of $50.

     [Bd. of Fish & Game Comm’rs, No. 78-2 § 1 subsec. 5, eff. 6-29-78; A 10-1-79; 4-8-80]—(NAC A by Bd. of Wildlife Comm’rs, 7-1-97; R046-11, 4-5-2013)

      NAC 503.335  Taking of raptors for falconry: Application for permit; falconry license required. (NRS 501.105, 501.181, 503.582, 503.583)

     1.  An application for a permit to take raptors must be submitted to the Department at an address specified on the application by the deadline for the submission of such applications as established by the Commission.

     2.  The applicant must include on the application:

     (a) The name of the applicant;

     (b) The physical and mailing address of the applicant’s residence;

     (c) The date of birth of the applicant;

     (d) The telephone number of the applicant’s residence;

     (e) The driver’s license number of the applicant, if he or she has been issued a driver’s license;

     (f) The number of the applicant’s falconry license, the class of the license and the name of the state or country which issued the license;

     (g) A description of each raptor, by species:

          (1) In the applicant’s possession as of the date of the application, specifying those raptors which the applicant acquired during the 12 months immediately preceding the date of the application; and

          (2) Which the applicant acquired during the 12 months immediately preceding the date of the application but which is no longer in the applicant’s possession;

     (h) The age, sex and leg band number of each such raptor;

     (i) The date that each raptor was acquired;

     (j) If applicable, the date on which each raptor acquired by the applicant during the 12 months immediately preceding the date of the application was transferred, released, lost or died;

     (k) Whether each raptor in the possession of the applicant was caught in the wild or bred in captivity; and

     (l) The applicant’s signature and the date on which the application was signed.

Ê An incomplete application will be returned without action.

     3.  An applicant must possess a valid falconry license from this State, another state or, if the applicant is not a resident of the United States, the country of which the applicant is a resident at the time that he or she applies for a permit to take raptors pursuant to this section. If the applicant does not possess such a license, the applicant must apply for a falconry license at the same time that he or she applies for the permit to take raptors pursuant to this section.

     [Bd. of Fish & Game Comm’rs, No. 78-2 § 2 subsecs. 1-6, eff. 6-29-78; A 10-1-79; 4-8-80]—(NAC A by Bd. of Wildlife Comm’rs, 4-27-84, eff. 5-25-84; 7-1-97; R138-03, 1-20-2004; R046-11, 4-5-2013)

      NAC 503.340  Taking of raptors for falconry: Fees. (NRS 501.105, 501.181, 503.582, 503.583, 504.295)  Each application must be accompanied by the following fee:

     1.  For each permit to take raptors issued to a resident, $15.

     2.  For each permit to take raptors issued to a nonresident, $120.

     3.  For acting upon each application, a nonrefundable fee of $5.

     [Bd. of Fish & Game Comm’rs, No. 78-2 § 2 subsec. 7, eff. 6-29-78; A 10-1-79; 4-8-80]—(NAC A by Bd. of Wildlife Comm’rs, 11-5-81; 3-5-86; R138-03, 1-20-2004; R046-11, 4-5-2013)

      NAC 503.345  Taking of raptors for falconry: Filling of quotas for permits. (NRS 501.105, 501.181, 503.582, 503.583)

     1.  If a quota is not filled from applications received on or before the latest date for acceptance, the Department will accept applications received after that date and award permits to take raptors in the order of receipt of the applications until the quota is filled.

     2.  An applicant who does not draw a permit to take raptors may reapply for any species of raptor for which the quota is not filled after the drawing. The Department will award permits to take raptors for the unfilled quota in the order of receipt of the applications.

     [Bd. of Fish & Game Comm’rs, No. 78-2 § 2 subsecs. 9 & 10, eff. 6-29-78; A 10-1-79; 4-8-80]—(NAC A by Bd. of Wildlife Comm’rs by R046-11, 4-5-2013)

      NAC 503.350  Taking of raptors for falconry: Authorization for another person to take raptors for holder of permit. (NRS 501.105, 501.181, 503.582, 503.583)

     1.  A holder of a permit to take raptors may authorize another person to take a raptor for the holder of the permit subject to the conditions specified in this section.

     2.  If the holder of the permit is at the site of the taking:

     (a) The holder of the permit shall report the taking to the Department on Form 3-186A not later than 5 days after the taking; and

     (b) The taken raptor counts toward the number of raptors the holder of the permit may obtain or possess pursuant to his or her permit, NRS 503.583 and NAC 503.250 and 503.300.

     3.  If the holder of the permit has a long-term or permanent physical impairment that prevents him or her from being at the site of the taking:

     (a) The holder of the permit shall report the taking to the Department on Form 3-186A not later than 5 days after the taking; and

     (b) The taken raptor counts toward the number of raptors that the holder of the permit may obtain or possess pursuant to his or her permit, NRS 503.583 and NAC 503.250 and 503.300.

     (Added to NAC by Bd. of Wildlife Comm’rs by R046-11, eff. 4-5-2013)

      NAC 503.355  Taking of raptors for falconry: Retaking of raptors. (NRS 501.105, 501.181, 503.582, 503.583)

     1.  Except as otherwise provided in NAC 503.365, a falconry licensee may at any time retake a raptor of any species subject to the provisions of this section.

     2.  Except as otherwise provided in subsection 5, a falconry licensee who retakes a raptor shall:

     (a) Report the retaking to the Department on Form 3-186A not later than 5 days after the retaking; and

     (b) As soon as practicable after the retaking, and except as otherwise provided in subsections 4 and 5:

          (1) Return the raptor to the person who originally identified it as a falconry raptor; or

          (2) Deliver the raptor to the Department for return to the person who originally identified it as a falconry raptor.

     3.  If a falconry licensee who retakes a raptor returns or delivers it pursuant to subsection 2, the raptor does not count toward the number of raptors that the falconry licensee may obtain or possess pursuant to his or her permit, NRS 503.583 and NAC 503.250 and 503.300.

     4.  A falconry licensee who retakes a raptor may keep the raptor if:

     (a) The Department determines that the person who originally identified it as a falconry raptor is deceased, cannot be located, is not authorized to possess it or does not wish to possess it;

     (b) The falconry licensee:

          (1) Submits Form 3-186A to the Department; and

          (2) Is otherwise authorized to keep the raptor; and

     (c) The Department authorizes the falconry licensee to keep the raptor.

     5.  Except as otherwise provided in NAC 503.365 and 503.370, a falconry licensee may retake and keep a raptor banded with a leg band issued by the Bird Banding Laboratory of the United States Geological Survey.

     6.  If a falconry licensee retakes and keeps a raptor pursuant to subsection 4 or 5, the raptor counts toward the number of raptors that the falconry licensee may obtain or possess pursuant to his or her permit, NRS 503.583 and NAC 503.250 and 503.300.

     (Added to NAC by Bd. of Wildlife Comm’rs by R046-11, eff. 4-5-2013)

      NAC 503.360  Taking of raptors for falconry: Requirements if raptor is injured while being taken. (NRS 501.105, 501.181, 503.582, 503.583)

     1.  If a holder of a permit to take raptors takes a raptor that is injured while being taken, the holder of the permit:

     (a) Is responsible for the cost of any care and rehabilitation provided to the raptor, regardless of whether the holder of the permit keeps the raptor; and

     (b) Shall:

          (1) Attach a leg band to the raptor pursuant to NAC 503.212;

          (2) As soon as practicable after the taking, transport the raptor to the Department or to a licensed veterinarian, raptor rehabilitator or wildlife rehabilitator licensed or permitted by the Department or the United States Fish and Wildlife Service; and

          (3) Not later than 5 days after the taking, report the taking to the Department on Form 3-186A.

     2.  A raptor that is injured while being taken may not be removed from this State unless the raptor has been declared rehabilitated by the Department or by a licensed veterinarian, raptor rehabilitator or wildlife rehabilitator licensed or permitted by the Department or the United States Fish and Wildlife Service to whom the raptor was transported pursuant to subsection 1.

     3.  A raptor which is transported to the Department or to a licensed veterinarian, raptor rehabilitator or wildlife rehabilitator licensed or permitted by the Department or the United States Fish and Wildlife Service pursuant to subsection 1 and which is:

     (a) Subsequently returned to the person who took the raptor counts toward the number of raptors that the person may obtain or possess pursuant to his or her permit, NRS 503.583 and NAC 503.250 and 503.300.

     (b) Not returned to the person who took the raptor does not count toward the number of raptors that the person may obtain or possess pursuant to his or her permit, NRS 503.583 and NAC 503.250 and 503.300.

     (Added to NAC by Bd. of Wildlife Comm’rs by R046-11, eff. 4-5-2013)

      NAC 503.365  Taking of raptor to which research band, research marking or transmitter is attached. (NRS 501.105, 501.181, 503.582, 503.583)

     1.  Except as otherwise provided in NAC 503.370, if a falconry licensee takes a raptor to which any research band, research marking or transmitter is attached, the falconry licensee:

     (a) Shall report the taking to the Department and the Bird Banding Laboratory of the United States Geological Survey not later than 5 days after the taking;

     (b) May report the taking to any researcher who is identified on the band, marker or transmitter; and

     (c) Not later than 30 days after the taking, shall release the raptor or surrender it to the researcher or the Department.

     2.  Notification provided to the Department and the Bird Banding Laboratory pursuant to paragraph (a) of subsection 1 must include any identifying number on the research band, research marking or transmitter attached to the raptor.

     3.  Before releasing a raptor to a researcher pursuant to paragraph (c) of subsection 1, the falconry licensee may, at the direction of the researcher, replace the transmitter or the batteries of the transmitter or remove the transmitter.

     4.  A raptor taken and temporarily possessed pursuant to this section does not count toward the number of raptors that the falconry licensee may obtain or possess pursuant to his or her permit, NRS 503.583 and NAC 503.250 and 503.300.

     (Added to NAC by Bd. of Wildlife Comm’rs by R046-11, eff. 4-5-2013)

      NAC 503.370  Taking of peregrine falcon to which research band, research marking or transmitter is attached. (NRS 501.105, 501.181, 503.582, 503.583)

     1.  Except as otherwise provided in subsections 2 and 3, if a falconry licensee takes a peregrine falcon to which any research band or research marking is attached, the falconry licensee shall immediately release the falcon.

     2.  If a falconry licensee takes a peregrine falcon to which a transmitter is attached, the falconry licensee:

     (a) Shall report the taking to the Department not later than 5 days after the taking;

     (b) May report the taking to any researcher who is identified on the transmitter and may, at the direction of the researcher, replace the transmitter or the batteries of the transmitter or remove the transmitter; and

     (c) Not later than 30 days after the taking, shall release the falcon or surrender it to the researcher or to the Department.

     3.  A peregrine falcon taken and possessed pursuant to this section may not be possessed for more than 30 days after the taking.

     (Added to NAC by Bd. of Wildlife Comm’rs by R046-11, eff. 4-5-2013)

      NAC 503.375  Housing of raptors: General requirements. (NRS 501.105, 501.181, 503.582, 503.583)

     1.  Each raptor possessed pursuant to NAC 503.200 to 503.470, inclusive, must be housed in humane and healthful conditions.

     2.  The owner of a raptor is responsible for the conditions in which the raptor is housed.

     3.  A facility that houses raptors must:

     (a) Protect each raptor housed therein from wild and domesticated predators;

     (b) Have available for each raptor housed therein a perch that is suitable for the raptor;

     (c) Have at least one opening for sunlight; and

     (d) Provide a healthy environment for each raptor housed therein.

     4.  Raptors that are not tethered while being housed may be housed in the same facility only if they are compatible with each other.

     5.  A raptor that is not tethered while being housed must be housed in a facility of sufficient size to allow the raptor to fly.

     6.  A raptor that is tethered while being housed must be tethered in a manner which allows the raptor to extend its wings fully or bate without damaging its wings or making contact with another raptor.

     7.  Each raptor must have continuous access to a pan of clean water unless weather conditions, the type of perch used or another circumstance makes continuous access to a pan of clean water unsafe for the raptor.

     8.  Subject to the provisions of this section, the owner of a raptor may house a raptor in a temporary facility for not more than 120 consecutive days.

     (Added to NAC by Bd. of Wildlife Comm’rs by R047-11, eff. 4-5-2013)

      NAC 503.380  Housing of raptors: Indoor facilities; owners’ residences. (NRS 501.105, 501.181, 503.582, 503.583)

     1.  An indoor facility that houses a raptor must be of sufficient size to allow easy access for the care and feeding of the raptor.

     2.  If a raptor that is not tethered is housed in an indoor facility and if the roof or any wall of the indoor facility is not solid, the roof or wall that is not solid must be covered with vertical bars spaced narrower than the width of the body of the smallest raptor housed in the facility, with heavy-duty netting or with any other similar material.

     3.  A raptor housed in an indoor facility must be housed in a manner that allows the raptor to maintain healthy feathers, including, without limitation, in a shelf perch enclosure in which raptors are tethered side by side.

     4.  Notwithstanding the provisions of subsection 2, a raptor may be housed in the residence of the owner of the raptor if:

     (a) The residence has a perch that is suitable for the raptor; and

     (b) The raptor is kept tethered when not being moved into or out of the residence.

     (Added to NAC by Bd. of Wildlife Comm’rs by R047-11, eff. 4-5-2013)

      NAC 503.385  Housing of raptors: Outdoor facilities. (NRS 501.105, 501.181, 503.582, 503.583)  An outdoor facility that houses a raptor must:

     1.  Be totally enclosed;

     2.  Be constructed of heavy-gauge wire, heavy-duty plastic mesh, slats, pipe, wood or any other similar material suitable for enclosing the raptor;

     3.  Have a roof that covers the facility;

     4.  Have a covered perch that is suitable for the raptor and protects the raptor from wild and domesticated predators and from extreme or inclement weather; and

     5.  Be of sufficient size to ensure that the raptor can fly from the perch without striking the roof or walls of the facility.

     (Added to NAC by Bd. of Wildlife Comm’rs by R047-11, eff. 4-5-2013)

      NAC 503.390  Housing of raptors: Inspection of facilities. (NRS 501.105, 501.181, 503.582, 503.583)

     1.  Except as otherwise provided in subsection 2, if the owner of a raptor is present at the facility at which the raptor is housed, the Department may inspect the facility without advance notice by the Department and during any reasonable hour.

     2.  If a raptor is housed at a facility owned by a person other than the owner of the raptor, the Department:

     (a) If the owner of the facility is present at the facility, may inspect the facility without advance notice by the Department and during any reasonable hour; and

     (b) May not enter the facility or in any way disturb the raptor unless the owner of the raptor is present.

     3.  The owner of a raptor shall submit to the Department a signed and dated statement indicating:

     (a) That the owner of the raptor agrees to any inspection conducted pursuant to subsection 1; or

     (b) If the raptor is housed at a facility owned by a person other than the owner of the raptor, that the owner of the raptor and the owner of the facility agree to any inspection conducted pursuant to subsection 2.

     4.  The owner of a raptor shall notify the Department of any change in the location of the facility at which the raptor is housed not later than 5 business days after the change.

     (Added to NAC by Bd. of Wildlife Comm’rs by R047-11, eff. 4-5-2013)

      NAC 503.395  Housing of raptors: Outside this State; in this State by nonresident. (NRS 501.105, 501.181, 503.582, 503.583)

     1.  If a falconry licensee houses a raptor for more than 120 consecutive days at a facility outside this State:

     (a) The falconry licensee shall notify the Department of that fact;

     (b) The physical address of the facility must be listed on the falconry license of the falconry licensee; and

     (c) The facility must conform to all applicable requirements of NAC 503.375 to 503.395, inclusive.

     2.  A person who is not a resident of this State may house a raptor for more than 120 consecutive days at a facility in this State if:

     (a) The person holds a falconry license issued by the appropriate agency of the jurisdiction in which the person resides; and

     (b) The facility conforms to all applicable requirements of NAC 503.375 to 503.395, inclusive.

     (Added to NAC by Bd. of Wildlife Comm’rs by R047-11, eff. 4-5-2013)

      NAC 503.400  Requirements for temporarily keeping raptor outdoors. (NRS 501.105, 501.181, 503.582, 503.583)  A raptor may be temporarily kept outdoors and in the open only if the raptor is watched by the owner of the raptor, a family member of the owner of the raptor or other designee of the owner of the raptor, including, without limitation, a designee to watch more than one raptor in a weathering yard at a falconry meet.

     (Added to NAC by Bd. of Wildlife Comm’rs by R047-11, eff. 4-5-2013)

      NAC 503.405  Care of raptor by falconry licensee who is not owner of raptor. (NRS 501.105, 501.181, 503.582, 503.583)

     1.  A falconry licensee who is not the owner of a raptor may provide care for the raptor if the falconry licensee also possesses:

     (a) A copy of the Form 3-186A that the owner of the raptor submitted to the Department when the owner obtained the raptor; and

     (b) A statement that:

          (1) Is signed by the owner of the raptor and the falconry licensee;

          (2) Authorizes the falconry licensee to provide care for the raptor; and

          (3) Indicates:

               (I) The period during which the falconry licensee may provide care for the raptor; and

               (II) Whether the falconry licensee may practice falconry with the raptor.

     2.  A falconry licensee providing care for a raptor pursuant to this section may do so only:

     (a) At a facility owned or maintained by the owner of the raptor or the falconry licensee; and

     (b) Except as otherwise provided in subsection 3, for not more than 120 days.

     3.  The Department may extend beyond 120 days the period during which a falconry licensee may provide care for a raptor if the owner of the raptor provides evidence satisfactory to the Department that any illness, military service, family emergency or other extenuating circumstance justifies the extension.

     4.  A raptor for which care is provided by a falconry licensee pursuant to this section:

     (a) Counts toward the number of raptors that the owner of the raptor may possess pursuant to NAC 503.250; and

     (b) Does not count toward the number of raptors that the falconry licensee may possess pursuant to NAC 503.250.

     5.  If indicated by a statement signed pursuant to paragraph (b) of subsection 1, a falconry licensee providing care for a raptor pursuant to this section may practice falconry with the raptor in accordance with this chapter and NRS 503.582 and 503.583.

     (Added to NAC by Bd. of Wildlife Comm’rs by R047-11, eff. 4-5-2013)

      NAC 503.415  Care of raptor by person who is not falconry licensee and not owner of raptor. (NRS 501.105, 501.181, 503.582, 503.583)

     1.  A person who is not a falconry licensee and who is not the owner of a raptor may provide care for a raptor only:

     (a) At a facility owned or maintained by the owner of the raptor; and

     (b) Except as otherwise provided in subsection 2, for not more than 45 days.

     2.  The Department may extend beyond 45 days the period during which the person may provide care for a raptor if the owner of the raptor provides evidence satisfactory to the Department that any illness, military service, family emergency or other extenuating circumstance justifies the extension.

     3.  A raptor for which care is provided pursuant to this section counts toward the number of raptors that the owner of the raptor may possess pursuant to NAC 503.250.

     (Added to NAC by Bd. of Wildlife Comm’rs by R047-11, eff. 4-5-2013)

      NAC 503.425  Loan of raptor to holder of permit for captive propagation of raptors. (NRS 501.105, 501.181, 503.582, 503.583)

     1.  The owner of a raptor may loan the raptor to the holder of a permit for captive propagation of raptors issued pursuant to NAC 503.315.

     2.  If a raptor is loaned pursuant to subsection 1:

     (a) For 8 months or more, the loan will be deemed a transfer subject to the provisions of NAC 503.225.

     (b) For less than 8 months, the loan will not be deemed a transfer subject to the provisions of NAC 503.225.

     (Added to NAC by Bd. of Wildlife Comm’rs by R047-11, eff. 4-5-2013)

      NAC 503.435  Requirements for assisting raptor rehabilitator. (NRS 501.105, 501.181, 503.582, 503.583)

     1.  A general or master falconry licensee may assist a raptor rehabilitator in conditioning a raptor for release to the wild subject to the provisions of this section.

     2.  The falconry licensee must possess a written statement from the raptor rehabilitator which identifies the raptor and explains that the falconry licensee is assisting the raptor rehabilitator pursuant to this section.

     3.  The raptor may be kept at a facility owned or maintained by the falconry licensee.

     4.  Except as otherwise provided in subsection 6, the raptor does not count toward the number of raptors that the falconry licensee may possess pursuant to NAC 503.250.

     5.  Except as otherwise provided in subsection 6, not later than the expiration of the period during which the raptor rehabilitator may possess the raptor pursuant to his or her permit to rehabilitate raptors:

     (a) Except as otherwise provided in paragraph (b) and unless otherwise authorized by the Department, the falconry licensee shall release the raptor to the wild or return the raptor to the raptor rehabilitator for release to the wild; and

     (b) If the raptor is unprepared for release to the wild, the falconry licensee shall return the raptor to the raptor rehabilitator.

     6.  If a raptor is transferred from a raptor rehabilitator to a falconry licensee pursuant to NAC 503.225, the raptor:

     (a) Need not be released to the wild; and

     (b) Counts toward the number of raptors that the falconry licensee may obtain or possess pursuant to his or her permit, NRS 503.583 and NAC 503.250 and 503.300.

     (Added to NAC by Bd. of Wildlife Comm’rs by R047-11, eff. 4-5-2013)

      NAC 503.440  Hacking of raptors. (NRS 501.105, 501.181, 503.582, 503.583)

     1.  A general or master falconry licensee may hack a raptor that the falconry licensee is authorized to possess.

     2.  A falconry licensee shall not release for hacking a raptor which is of a species not indigenous to this State or which is a hybrid raptor unless the falconry licensee has attached to the raptor at least two functioning radio transmitters that can be used to locate the raptor.

     3.  A falconry licensee shall not hack a raptor at a location from which the raptor is likely to disturb, kill or otherwise harm any species of wildlife that has been classified as protected and further classified as threatened or endangered by the Commission or as threatened or endangered by the United States Fish and Wildlife Service.

     4.  A raptor that a falconry licensee is hacking counts toward the number of raptors that the falconry licensee may possess pursuant to NAC 503.250.

     (Added to NAC by Bd. of Wildlife Comm’rs by R047-11, eff. 4-5-2013)

      NAC 503.445  Use of raptors in conservation education programs. (NRS 501.105, 501.181, 503.582, 503.583)

     1.  A general or master falconry licensee may, without obtaining any additional license or permit, use a raptor in his or her lawful possession in a conservation education program which is presented in a public venue.

     2.  An apprentice falconry licensee may use a raptor in his or her lawful possession in a conservation education program which is presented in a public venue if the presentation is supervised by a general or master falconry licensee.

     3.  A raptor used in a conservation education program pursuant to this section must otherwise be used primarily for falconry.

     4.  A conservation education program presented pursuant to this section must include information concerning the biology, ecological roles and conservation requirements of raptors and other migratory birds. Each of those topics is not required to be included in each presentation.

     5.  In addition to the requirements of subsection 4, a falconry licensee shall not present a conservation education program pursuant to this section that does not include information on falconry and conservation education.

     6.  A falconry licensee presenting a conservation education program pursuant to this section:

     (a) May accept a fee for the program which does not exceed the actual costs of presenting the program; and

     (b) Is responsible for all liability associated with the program.

     (Added to NAC by Bd. of Wildlife Comm’rs by R047-11, eff. 4-5-2013)

      NAC 503.450  Use of raptors for filming, photographing or other recordings related to practice of falconry; prohibited use of raptors for certain commercial purposes. (NRS 501.105, 501.181, 503.582, 503.583)

     1.  A falconry licensee may allow a raptor in his or her lawful possession to be filmed, photographed or otherwise recorded for the making of a movie or other source of information concerning the practice of falconry or concerning the biology, ecological roles and conservation requirements of raptors and other migratory birds.

     2.  A falconry licensee who allows a raptor to be filmed, photographed or otherwise recorded pursuant to subsection 1 shall not:

     (a) Accept any payment for doing so; or

     (b) Allow the raptor to be filmed, photographed or otherwise recorded for the making of a commercial venture or movie or other source of information that is unrelated to the practice of falconry.

     3.  Except as otherwise provided in subsection 4, the owner of a raptor shall not use the raptor for commercial entertainment, for advertisements, as a representation of any business, company, corporation or other organization operated for profit, or for the promotion or endorsement of any product, merchandise, goods, services, meetings or fairs.

     4.  A falconry licensee may use a raptor in his or her lawful possession to promote or endorse:

     (a) A nonprofit organization or association relating to falconry; or

     (b) A product or endeavor relating to falconry, including, without limitation, hoods, giant hoods, telemetry equipment, perches, materials for facilities, falconry training and educational materials, and scientific research and publication.

     (Added to NAC by Bd. of Wildlife Comm’rs by R047-11, eff. 4-5-2013)

      NAC 503.455  Use of raptors to conduct abatement activities. (NRS 501.105, 501.181, 503.582, 503.583)

     1.  A master falconry licensee may conduct abatement activities using a raptor in his or her lawful possession if the falconry licensee possesses:

     (a) A Federal Migratory Bird Abatement permit issued by the United States Fish and Wildlife Service or, if the United States Fish and Wildlife Service no longer issues those permits, a permit to conduct abatement activities issued by the Department; and

     (b) A permit to collect unprotected wildlife issued to the master falconry licensee by the Department pursuant to NRS 503.380 and NAC 503.095.

     2.  A general falconry licensee may conduct abatement activities using a raptor in his or her lawful possession under the supervision of a master falconry licensee who is authorized to conduct abatement activities pursuant to subsection 1.

     3.  Except as otherwise provided in subsection 4, a general or master falconry licensee may receive payment for conducting abatement activities against a species listed in 50 C.F.R. § 21.43 only in accordance with the conditions of his or her Federal Migratory Bird Abatement permit issued by the United States Fish and Wildlife Service or, if the United States Fish and Wildlife Service no longer issues those permits, his or her permit to conduct abatement activities issued by the Department.

     4.  A falconry licensee may not receive payment for depredation control activities conducted against a species listed in 50 C.F.R. § 21.43.

     5.  A falconry licensee who receives a Federal Migratory Bird Abatement permit issued by the United States Fish and Wildlife Service shall provide a copy of the permit to the Department.

     (Added to NAC by Bd. of Wildlife Comm’rs by R047-11, eff. 4-5-2013)

      NAC 503.460  Disposition of dead raptor. (NRS 501.105, 501.181, 503.582, 503.583)

     1.  An owner of a raptor that dies may, without limitation:

     (a) Keep or donate the feathers of the raptor pursuant to subsection 6 of NAC 503.205;

     (b) Donate the body of the raptor to any person authorized by permit to acquire and possess the body of a raptor or to any person or institution exempt from that requirement pursuant to 50 C.F.R. § 21.12;

     (c) If a leg band was attached to the raptor or the raptor had a microchip implanted in its body, have the raptor mounted by a taxidermist; or

     (d) Dispose of the body and feathers of the raptor.

     2.  If a taxidermist mounts the raptor:

     (a) The mount may be used in a conservation education program; and

     (b) The leg band must remain on the raptor or the microchip must remain in place.

     3.  If a taxidermist does not keep, donate or mount the body and feathers of the raptor, they must be burned, buried or otherwise destroyed not later than 10 days after:

     (a) The final examination by a veterinarian to determine the cause of death; or

     (b) If such an examination is not conducted, the death of the raptor.

     (Added to NAC by Bd. of Wildlife Comm’rs by R047-11, eff. 4-5-2013)

      NAC 503.465  Hybrid raptors. (NRS 501.105, 501.181, 503.582, 503.583)  An owner of a hybrid raptor shall not allow the raptor to fly free unless the owner has attached to the raptor at least two functioning radio transmitters which can be used to locate the raptor.

     (Added to NAC by Bd. of Wildlife Comm’rs by R047-11, eff. 4-5-2013)

      NAC 503.470  Compliance with federal law relating to raptors and falconry. (NRS 501.105, 501.181, 503.582, 503.583)  The provisions of NAC 503.200 to 503.470, inclusive, must not be construed to exempt any person from the provisions of any federal law relating to raptors or falconry.

     (Added to NAC by Bd. of Wildlife Comm’rs by R046-11 & R047-11, eff. 4-5-2013)

FISHING

      NAC 503.500  Definitions. (NRS 501.105, 501.181)  As used in NAC 503.500 to 503.575, inclusive, unless the context otherwise requires:

     1.  “Aquatic bait” means live, unprotected amphibians (such as salamanders, waterdogs and frogs), crustaceans (such as crayfish) and mollusks (such as clams and snails).

     2.  “Aquatic life” means live amphibians, crustaceans, mollusks, fish and all other animals which grow in, live in or frequent water.

     3.  “Artificial lures” means any device with a hook or hooks attached which is made partly or entirely of rubber, wood, metal, glass, plastic or feathers.

     4.  “Live bait fish” means live, unprotected species of freshwater fish.

     5.  “Minimum size” means the minimum total length a fish must measure to be possessed legally.

     6.  “Region” means one of the three administrative regions established by the Department.

     7.  “Single barbless hook” means a fish hook having one point which is manufactured without barbs or on which the barbs have been closed completely or filed off. The term does not include a fish hook which shares a common shank with one or more other fish hooks, regardless of whether the barbs have been closed completely or filed off.

     8.  “Total length” means the length of a fish measured from the tip of the nose to the tip of the tail fin.

     [Bd. of Fish & Game Comm’rs, No. 7 § 30.3, eff. 1-1-75; A 1-1-78]—(NAC A by Bd. of Wildlife Comm’rs, 12-15-81; 12-1-82; 4-27-84, eff. 5-25-84; 12-18-89; 11-23-94)

      NAC 503.502  Bait: General authority to and restrictions on capture, transport and use. (NRS 501.105, 501.181, 503.300, 503.310)

     1.  A person who has a fishing license or short-term permit to fish, or who is not required to obtain such a license or permit pursuant to NRS 502.010 and NAC 502.285, may capture, transport and use bait for fishing or personal consumption except that:

     (a) The use of any game fish or protected species of fish for bait is prohibited.

     (b) Aquatic bait, other than salamanders or saltwater mudsuckers, may be used only in the water from which it is taken.

     (c) Aquatic life may be imported into this State only with the prior approval of the Department.

     (d) Aquatic bait and live bait fish may be transported from one river basin to another or from one area of this State to another only as provided in the appropriate regional regulation for the use of live bait fish.

     2.  A person who possesses bait in accordance with the provisions of this section shall not sell, barter or trade that bait.

     3.  Any bait obtained from a dealer in live bait fish who is licensed in this State must be accompanied by a currently dated receipt issued by that dealer.

     (Added to NAC by Bd. of Wildlife Comm’rs, eff. 1-1-81; A 12-15-81; 12-3-84, eff. 1-1-85; 3-13-97; R109-02, 1-21-2003; R094-03, 10-30-2003)

      NAC 503.504  Western Region: Applicable waters; restrictions on bait and lures. (NRS 501.105, 501.181, 503.300, 503.310)

     1.  The Western Region consists of all waters within Carson City and Churchill, Douglas, Humboldt, Lyon, Mineral, Storey, Pershing and Washoe Counties.

     2.  In the area of the Carson River Basin from Quilici Dam (12 miles below Dayton) above the Lahontan Reservoir downstream to and including Lahontan Reservoir, the Carson River below Lahontan Dam and all of the waters within Lahontan Valley, Churchill County:

     (a) Only Lahontan redside (shiner), speckled dace, Tahoe sucker, mountain sucker, mosquitofish, carp, tui chub, Sacramento blackfish, fathead minnows and Piute sculpin may be used as live bait fish.

     (b) Fish used as live bait may be taken only from the Carson or Truckee River Basin in Carson City or Churchill, Douglas, Lyon, Storey or Washoe county or purchased only from a dealer who is licensed in this State and authorized to sell live bait fish for use in the Carson River Basin.

     3.  In the area of the Carson River Basin from the boundary between California and Nevada to Quilici Dam:

     (a) Only Lahontan redside (shiner), speckled dace, Tahoe sucker, mountain sucker and mosquitofish may be used as live bait fish.

     (b) Fish used as live bait may be taken only from the Carson River above Quilici Dam or purchased only from a dealer who is licensed in this State and authorized to sell live bait fish for use in the Carson River Basin.

     4.  In the Humboldt River Basin, from Stahl Diversion Dam (near Golconda, Humboldt County) to and including Rye Patch Reservoir, the Pitt-Taylor and Chimney Reservoirs, the Humboldt River below Rye Patch Dam and all waters of the Humboldt River in Lovelock Valley, Pershing and Churchill Counties:

     (a) Only Lahontan redside (shiner), tui chub, speckled dace, Tahoe sucker, mountain sucker, Sacramento blackfish, fathead minnows and carp may be used as live bait fish.

     (b) Fish used as live bait may only be taken from the Humboldt River and its tributaries or be purchased from a dealer who is licensed in this State and authorized to sell live bait fish for use in the Humboldt River Basin.

     5.  In the waters of Lake Tahoe and its tributaries located in Carson City and Douglas and Washoe Counties:

     (a) Only Lahontan redside (shiner), tui chub, Tahoe sucker, mountain sucker, Piute sculpin and speckled dace may be used as live bait fish.

     (b) Fish used as live bait may be taken only from, and must be native to, Lake Tahoe and its tributaries.

     6.  In the waters of the Main Walker River from the bridge of the Southern Pacific Railroad near Wabuska downstream to and including Weber Reservoir on the Walker River Indian Reservation and the Lower Walker River down to and including Walker Lake:

     (a) Only Lahontan redside (shiner), tui chub, speckled dace, Tahoe sucker, mountain sucker, carp and mosquitofish may be used as live bait fish.

     (b) Fish used as live bait may only be taken from the Walker River Basin in Lyon or Mineral county or be purchased from a dealer who is licensed in this State and authorized to sell live bait fish for use in the Walker River Basin.

     7.  The use of fish as bait, whether alive or dead, or parts thereof, is prohibited in the ponds and sloughs of the Mason Valley Wildlife Management Area and the Fort Churchill Cooling Ponds.

     8.  In the lower Truckee River Basin, which includes the Truckee River and its tributaries from below the I-80 bridge which is upstream from the Crystal Peak Park to, but excluding Pyramid Lake, and including Paradise Ponds, Virginia Lake, Washoe Lake and the Fernley Wildlife Management Area:

     (a) Only Lahontan redside (shiner), speckled dace, Tahoe sucker, mountain sucker, Piute sculpin, mosquitofish, tui chub, fathead minnows and carp may be used as live bait fish.

     (b) Fish used as live bait may only be taken from the Truckee River or its tributaries or be purchased from a dealer who is licensed in this State and authorized to sell live bait fish for use in the Truckee River Basin.

     9.  In the upper Truckee River Basin, which includes the Truckee River and diversion ditches and tributaries above the I-80 bridge which is upstream from the Crystal Peak Park to the California state line, only artificial lures with single barbless hooks may be used. Only one single barbless hook may be attached to each hook eye or ring of the lure.

     10.  The following provisions apply to all other waters in the Western Region:

     (a) The capture, possession while fishing or the use of fish as bait, whether dead or alive, or parts thereof, other than preserved salmon eggs, is prohibited.

     (b) Only artificial lures with single barbless hooks may be used in Catnip Reservoir, Hobart Reservoir, Knott Creek Reservoir, including inlet and outlet streams, Marlette Lake, including tributaries and outlet streams, and that portion of the East Walker River which is from one-quarter of a mile above the confluence of the East Walker River and Sweetwater Creek downstream to one-half of a mile below the confluence of the East Walker River and Red Wash Creek. Only one single barbless hook may be attached to each hook eye or ring of the lure.

     (c) Only artificial lures may be used in Hinkson Slough on the Mason Valley Wildlife Management Area.

     (Added to NAC by Bd. of Wildlife Comm’rs, eff. 1-1-81; A 12-15-81; 12-1-82; 1-2-86; 12-11-87; 5-9-88; 12-18-89; 12-13-91; 11-18-93; 11-23-94; 11-22-95, eff. 11-25-95; 11-14-97, eff. 3-1-98; R104-01, 12-6-2001; R092-05, 10-31-2005; R056-13, 12-23-2013)

      NAC 503.506  Eastern Region: Applicable waters; restrictions on bait and lures. (NRS 501.105, 501.181, 503.300, 503.310)

     1.  The Eastern Region consists of all waters in Elko, Eureka, Lander and White Pine Counties.

     2.  Within this region:

     (a) The possession while fishing or use of fish as bait, whether dead or alive, or parts thereof, except preserved salmon eggs, is prohibited.

     (b) Aquatic bait may be used only in the water from which it is taken.

     3.  Only artificial lures may be used in the Tonkin Springs Reservoir and the collection ditch of the Ruby Lake National Wildlife Refuge.

     4.  Only artificial lures with single barbless hooks may be used in the Smith Creek Reservoir and on the south fork of the Humboldt River from the access causeway for the Lucky Nugget subdivision upstream to Lee. Only one single barbless hook may be attached to each hook eye or ring of the lure.

     (Added to NAC by Bd. of Wildlife Comm’rs, eff. 1-1-81; A 12-15-81; 12-1-82; 1-2-86; 12-11-87; 1-31-90, eff. 3-1-90; 12-13-91; 11-23-94; 11-22-95, eff. 3-1-96; R198-97, 3-2-98; R104-01, 12-6-2001; R083-09, 10-27-2009)

      NAC 503.507  Southern Region: Applicable waters; restrictions on bait and lures. (NRS 501.105, 501.181, 503.290, 503.300, 503.310)

     1.  The Southern Region consists of all waters in Clark, Esmeralda, Lincoln and Nye Counties.

     2.  In the waters of Lake Mead, Lake Mohave and the Colorado River located in Clark County:

     (a) Only golden shiner, fathead minnow, mosquitofish, red shiner, gizzard shad, threadfin shad, carp and goldfish may be used as live bait fish.

     (b) Other forms of aquatic and animal life, including, but not limited to, the waterdog, grasshopper, earthworm and crayfish, may be used as bait.

     (c) A person holding a fishing license may purchase fish authorized for use as bait from a dealer in bait licensed in Arizona, California or Nevada or may, for his or her own use, take fish authorized for use as bait by:

          (1) A dipnet;

          (2) A cast net with a radius not exceeding 4 feet measured from the horn to the leadline;

          (3) A seine not exceeding 10 feet in length and 4 feet in width; or

          (4) A trap for minnows not exceeding 12 inches in depth, 12 inches in width or 24 inches in length.

     3.  Only artificial lures may be used in the Dacey Reservoir.

     4.  In all other waters of the Southern Region, the capture, possession while fishing or use of fish as bait, whether dead or alive, or parts thereof, other than preserved salmon eggs is prohibited.

     (Added to NAC by Bd. of Wildlife Comm’rs, eff. 1-1-81; A 12-15-81; 4-27-84, eff. 5-25-84; 1-2-86; 11-14-97, eff. 3-1-98; R104-01, 12-6-2001; R092-05, 10-31-2005; R083-09, 10-27-2009; R137-09, 1-28-2010; R149-12, 12-20-2012)

      NAC 503.508  Use of bait in particular areas: Colorado River, Lake Mead and Lake Mohave. (NRS 501.105, 501.181, 503.300, 503.310)  In the waters of the Colorado River, Lake Mead and Lake Mohave:

     1.  In addition to fish used as live bait, forms of animal life such as waterdogs, grasshoppers, earthworms and crayfish may be used for bait.

     2.  Only the following species of live fresh-water fish may be lawfully raised, possessed, transported, sold, offered for sale, imported, used or taken from the waters of the Colorado River for use as live bait:

     (a) Golden shiner.

     (b) Fathead minnow.

     (c) Mosquitofish.

     (d) Red shiner.

     (e) Threadfin shad.

     (f) Carp.

     (g) Goldfish.

     (h) Gizzard shad.

     3.  A fisherman with a valid license may possess or use as live bait only the species of fish named in subsection 2. These species of fish may be purchased only from a dealer in bait licensed in Arizona, California or Nevada or may be taken for personal use only with a:

     (a) Dipnet;

     (b) Cast net with a radius not exceeding 4 feet measured from the horn to the leadline;

     (c) Seine not exceeding 10 feet in length and 4 feet in width; or

     (d) Trap for minnows not exceeding 12 inches in depth, 12 inches in width and 24 inches in length.

     (Added to NAC by Bd. of Wildlife Comm’rs, eff. 1-1-81; A 12-14-81; 4-27-84, eff. 5-25-84; 1-2-86; R137-09, 1-28-2010; R149-12, 12-20-2012)

      NAC 503.510  Aquatic bait and live bait: Capture, sale, holding and transportation; reference work for naming of species. (NRS 501.105, 501.181, 503.310)

     1.  Aquatic bait and the following species of live bait may be captured, offered for sale, held or transported by a person permitted to sell live bait, subject to any special conditions contained in the annual permit issued by the Department or in subsection 2:

 

 

Authorized Species by Region

 

 

 

Western

Eastern

Southern

Species

Region

Region

Region

 

 

 

 

Lahontan redside (Richardsonius egregius)

X

 

 

Red shiner (Notropis lutrensis)

 

N

X

Tui chub (Gila bicolor)

X

O

 

Speckled dace (Rhinichtyhys osculus)

X

N

 

Mosquitofish (Gambusia ssp.)

X

E

 

Carp (Cyprinus carpio)

X

 

X

Goldfish (Carassius auratus)

 

P

X

Golden shiner (Notemigonus crysoleucas)

 

E

X

Fathead minnow (Pimephalespromelas)

X

R

X

Threadfin shad (Dorosoma petenense)

 

M

X

Mountain sucker

 

I

 

     (Catostomus platyrhynchus)

X

T

 

Tahoe sucker (Catostomus tahoensis)

X

T

 

Longjaw mudsucker (Gillichthys mirabilis)

 

E

X

Salamander (Waterdogs) (Ambystoma)

 

D

X

Piute Sculpin (Cottus beldingi)

X

 

 

 

     2.  In the Western Region, the capture of any fish used as live bait for sale from the Carson River drainage below Quilici Dam is prohibited. The Quilici Dam is located near Dayton, Nevada.

     3.  The reference work from which the species listed in subsection 1 were named is special publication 12 of the American Fisheries Society, A List of Common and Scientific Names of Fishes from the United States and Canada, 4th edition, 1980.

     [Bd. of Fish & Game Comm’rs, No. 7 § 30.12, eff. 1-1-75; A 9-20-75; 1-1-77; 1-1-78]—(NAC A by Bd. of Wildlife Comm’rs, 1-1-81; 4-27-84, eff. 5-25-84; 1-2-86; R104-01, 12-6-2001; R093-03, 10-30-2003)

      NAC 503.513  Commercial wildlife permit: Prerequisites to issuance; use; expiration. (NRS 501.105, 501.181, 503.310, 504.295)

     1.  Any person may obtain a commercial wildlife permit for the capture, sale, possession or transportation of live bait fish or live aquatic bait for commercial purposes upon application and payment to the Department of the annual permit fee of $150, if:

     (a) The location, plan and stocking of the facilities used by the permittee in the bait operation are approved by the Department; and

     (b) No stream or natural body of water is enclosed or impounded in connection therewith to the detriment of fish naturally indigenous or planted or propagated therein at public expense.

     2.  The products of such a facility, fish spawn, fry and fish, or aquatic bait, may be sold at any time of the year by the permittee or his or her vendees, after having first complied with the provisions of title 45 of NRS and NAC 503.500 to 503.575, inclusive.

     3.  The permit expires on December 31 of the year in which it was issued.

     [Bd. of Fish & Game Comm’rs, No. 7 § 30.10, eff. 1-1-75; A 1-1-78]—(NAC A by Bd. of Wildlife Comm’rs, 4-27-84, eff. 5-25-84; 9-13-91; 8-21-97; R138-03, 1-20-2004, eff. 3-1-2004)

      NAC 503.515  Importation of live bait for commercial purposes. (NRS 501.105, 501.181, 503.310)  Any person licensed as a dealer in live bait in Nevada may receive, bring or have brought or shipped into the State live bait or live aquatic bait for commercial purposes. The salamander may be acquired only from approved installations or areas in the states bordering Nevada.

     [Bd. of Fish & Game Comm’rs, No. 7 § 30.14, eff. 1-1-75; A 1-1-78]—(NAC A by Bd. of Wildlife Comm’rs, 4-27-84, eff. 5-25-84; 1-2-86)

      NAC 503.520  Sale of live or aquatic bait: Invoice. (NRS 501.105, 501.181, 503.310)  When a dealer licensed in Nevada sells or disposes of live bait or aquatic bait, the dealer shall at the same time attach thereto or deliver to the purchaser or donee an invoice stating the kind and number of such bait. This invoice may be used as a transportation permit for the purchaser or donee.

     [Bd. of Fish & Game Comm’rs Gen. Reg. No. 7 § 30.16, eff. 1-1-75; A 1-1-78]

      NAC 503.530  Importation of live or aquatic bait: Notification of Department. (NRS 501.105, 501.181, 503.310, 503.597)

     1.  Any person receiving, bringing or having brought or shipped into and destined for the State of Nevada any live fish, live bait or aquatic bait shall notify the Department at least 3 days in advance of each shipment of such fish or bait. The notice must include:

     (a) The date of the shipment;

     (b) The destination of the shipment;

     (c) The approximate time of arrival of the shipment; and

     (d) The proposed route of the shipment.

     2.  The person must notify the Department of any change in the transportation schedule at least 24 hours before the date and time shown on the notice of shipment.

     [Bd. of Fish & Game Comm’rs Gen. Reg. No. 7 § 30.21, eff. 1-1-75; A 9-20-75; 1-1-78]

      NAC 503.535  Inspection of shipment of live fish or bait: Notification by Department; action upon conclusion; fee. (NRS 501.105, 501.181, 503.310, 503.597, 504.295)

      1.  If inspection of a shipment is required, the Department shall notify the person of the time and place of inspection.

     2.  At the conclusion of an inspection, the permittee or his or her representative will be issued a permit for the transportation of live fish or bait if the shipment of fish or bait is found to comply with the provisions of NAC 503.500 to 503.575, inclusive. If a shipment is determined by the Department inspector to be detrimental to the best interests of the State, such fish or bait must either be destroyed or the permittee or his or her representative must remove it from the State by the route of entry or a route designated by the inspector.

     3.  A $25 inspection fee shall be charged for each inspection, except if two or more shipments originate from one source and arrive at the same destination at the same time, only one $25 inspection fee may be charged, such fee to be prorated equally among the importers involved.

     [Bd. of Fish & Game Comm’rs Gen. Reg. No. 7 § 30.22, eff. 1-1-75; A 1-1-78]—(NAC A by Bd. of Wildlife Comm’rs by R138-03, 1-20-2004)

      NAC 503.540  Commercial taking, sale and purchase of crayfish. (NRS 501.105, 501.181, 503.380, 503.597, 504.295)

     1.  Except as otherwise provided in subsection 2, it is unlawful for any person to take crayfish from any of the waters of the State for commercial purposes.

     2.  A person may obtain a permit to take crayfish commercially from the waters of Lake Tahoe upon application and payment to the Department of an annual permit fee of $500 if the Department:

     (a) Approves the location, time and manner of conducting the operation; and

     (b) Determines the operation is not deleterious to fish or other wildlife indigenous or planted or propagated in those waters at public expense.

     3.  A holder of a permit issued pursuant to subsection 2 may sell any crayfish taken under the authority of the permit to a food wholesaler or restaurant for the purpose of human consumption.

     4.  A food wholesaler who purchases any crayfish from a holder of a permit issued pursuant to subsection 2 may sell the crayfish to a restaurant for the purpose of human consumption.

     5.  A person who sells any crayfish pursuant to subsection 3 or 4 shall, at the time of the sale, provide the buyer with a record of purchase that includes, without limitation:

     (a) The name and address of the holder of the permit;

     (b) The number of the permit;

     (c) The date of purchase of the crayfish;

     (d) The total amount of crayfish purchased, set forth in pounds and ounces; and

     (e) The name and address of the seller, if different from the holder of the permit.

     6.  A copy of the record of purchase required by subsection 5 must be retained by the buyer and seller for at least 4 years and be made available for inspection at any reasonable time during that period upon request by the Department.

     [Bd. of Fish & Game Comm’rs Gen. Reg. No. 7 subpt. D, eff. 1-1-78]—(NAC A by Bd. of Wildlife Comm’rs by R054-11, 12-30-2011; R156-12, 12-20-2012)

      NAC 503.545  Commercial permit to take unprotected fish: Prerequisites to issuance. (NRS 501.105, 501.181, 503.380)  Any person may obtain a permit to take unprotected fish commercially, other than live bait fish, from the waters of the State upon application and payment to the Department of an annual permit fee of $500, if:

     1.  The location, time and manner of conducting the operation is approved by the Department; and

     2.  The operation is not deleterious to fish or other wildlife naturally indigenous or planted or propagated therein at public expense.

     [Bd. of Fish & Game Comm’rs Gen. Reg. No. 7 § 30.30, eff. 1-1-75; A 1-1-78]—(NAC A by Bd. of Wildlife Comm’rs by R138-03, 1-20-2004, eff. 3-1-2004)

      NAC 503.550  Commercial permit to take unprotected fish: Conditions of use. (NRS 501.105, 501.181, 503.380)  A commercial permit to take unprotected fish is issued subject to the following provisions:

     1.  The Department may authorize a permittee to take unprotected fish with a seine, net, trap or other device. The use of a gill or trammel net, explosive or poison is unlawful.

     2.  A permittee shall comply with any special terms, conditions or restrictions of the permit.

     3.  A permittee shall immediately release unharmed any game fish or protected fish that is taken during the operation.

     4.  A permittee shall, at reasonable times, allow any person authorized to enforce the provisions of this regulation, free and unrestricted access to the area where the permittee is taking, possessing, storing or shipping fish.

     5.  A permittee shall maintain daily records of the fish he or she has taken and submit a report of the fish taken to the Department within 10 days following expiration of the permit.

     6.  A permit issued pursuant to this section does not authorize the taking, transporting or disposing of unprotected fish in violation of any applicable federal or state law or regulation.

     [Bd. of Fish & Game Comm’rs Gen. Reg. No. 7 § 30.31, eff. 1-1-75; A 9-20-75; 1-1-78]

      NAC 503.555  Commercial permit to take unprotected fish: Amendment or revocation by Department. (NRS 501.105, 501.181, 503.380)  A commercial permit to take unprotected fish may be immediately amended or revoked if the Department determines that the operation is deleterious to any species of game fish or protected fish.

     [Bd. of Fish & Game Comm’rs Gen. Reg. No. 7 § 30.32, eff. 1-1-75; A 1-1-78]

      NAC 503.560  Certification of certain facilities as free from disease: General requirements; inspection of facilities. (NRS 501.105, 501.181, 503.597, 504.295)

     1.  A person who establishes, operates or controls a commercial fish hatchery, private noncommercial fishpond or other installation for the culture of fish within the State of Nevada shall, and a person who does so outside this State for the purpose of importing fish or aquatic life into this State may, make application to the Department at an address specified on the application for a letter of certification stating that such installation is free from fish diseases or pathogens that induce diseases, which the Department has determined to be deleterious to the fish or aquatic life of Nevada.

     2.  It is unlawful for a person:

     (a) To operate any such installation in this State until it is certified by the Department; or

     (b) To import live fish or aquatic life from any installation outside this State which has not been certified by the Department.

     3.  Any game warden authorized to enforce the provisions of title 45 of NRS may enter any such installation at any reasonable hour and inspect the premises and operation to determine that it is free from fish diseases.

     [Bd. of Fish & Game Comm’rs Gen. Reg. No. 7 §§ 30.40 & 30.41, eff. 1-1-75; A 9-20-75; 1-1-78]—(NAC A by Bd. of Wildlife Comm’rs, 4-27-84, eff. 5-25-84; R138-03, 1-20-2004)

      NAC 503.565  Certification of certain facilities as free from disease: Revocation and reinstatement; expiration and renewal. (NRS 501.105, 501.181, 503.597, 504.295)

     1.  If an inspection of any such installation reveals significant loss of fish or evidence of clinical symptoms of any disease which is deleterious to fish or aquatic life, the letter of certification issued pursuant to NAC 503.560, shall be revoked.

     2.  During the period of revocation, it is unlawful for any person to remove or to import fish or aquatic life from such installation without the written authorization of the Department. The letter of certification must not be reinstated until the Department is satisfied that the installation is free of fish diseases.

     3.  The letter of certification expires on June 30 of each year unless sooner terminated. Requests for renewal must be made on the form provided by the Department.

     [Bd. of Fish & Game Comm’rs Gen. Reg. No. 7 §§ 30.42 & 30.43, eff. 1-1-75; A 1-1-78]

      NAC 503.575  Noncommercial license for possession of endemic species of fish: Prerequisites; use. (NRS 501.105, 501.181, 504.295)

     1.  Except as otherwise required in NAC 504.4595, a person may, pursuant to the provisions of NAC 504.450 to 504.488, inclusive, obtain a noncommercial license for the possession of any endemic, native or nonnative, species of fish if:

     (a) The location, plan and stocking of the fish pond or ponds are approved by the Department;

     (b) No stream or natural body of water is enclosed or impounded in connection therewith; and

     (c) Any fish spawn, fry or fish for use in the pond or ponds is obtained only from an installation or other source that has first been approved by the Department.

     2.  A person holding a license issued pursuant to this section may take fish from the pond or ponds at any time.

     3.  The products of such a facility must not be sold, bartered or traded.

     4.  If the owner or operator of such a facility disposes of any fish from the facility, he or she shall, at the same time, deliver to the donee an invoice signed by the owner or his or her designated agent. The invoice must include:

     (a) The number of the license;

     (b) The name of the licensee;

     (c) The date of disposition;

     (d) The kind and number of the fish; and

     (e) The name and address of the donee.

     [Bd. of Fish & Game Comm’rs, No. 7 §§ 30.60 & 30.61, eff. 7-25-70; A 1-1-75; 9-20-75; 1-1-78]—(NAC A by Bd. of Wildlife Comm’rs, 4-27-84, eff. 5-25-84; 9-13-91; 2-28-94; 5-22-97)

      NAC 503.580  Unprotected fish and bullfrogs: Methods of taking. (NRS 501.105, 501.181, 503.290)

     1.  Except as provided in subsection 2 of NAC 503.507, unprotected fish may be taken by bow and arrow, hook and line, dipnet, cast net, minnow seine or minnow trap. Unprotected fish may be taken by spear except in any water where this method is specifically prohibited.

     2.  In addition to taking bullfrogs by any method enumerated in NRS 503.290, they may be taken with hands or gig. No firearm or airgun may be used in taking bullfrogs.

     (Added to NAC by Bd. of Wildlife Comm’rs, eff. 1-1-81; A 4-27-84, eff. 5-25-84)

      NAC 503.583  Ice fishing: Size of holes. (NRS 501.105, 501.181)  For purposes of ice fishing, a hole cut through the ice must not exceed 10 inches in diameter.

     (Added to NAC by Bd. of Wildlife Comm’rs, eff. 1-1-81)

      NAC 503.586  Filleting of fish. (NRS 501.105, 501.181)  Where size limits apply, fish may be filleted before transport if the remainder of the carcass of each fish filleted is kept in one piece so size and possession limits can be immediately determined. Where bag limits but not size limits apply, fish may be filleted before transport if the fillets are kept in one piece so bag and possession limits can be immediately determined.

     (Added to NAC by Bd. of Wildlife Comm’rs, 12-3-84, eff. 1-1-85; A by R054-11, 12-30-2011)

      NAC 503.590  Fishing in Lake Mead, Lake Mohave or Colorado River. (NRS 501.105, 501.181, 502.045)  In the waters of Lake Mead, Lake Mohave and the Colorado River:

     1.  The use of more than two hooks for bait or flies is prohibited.

     2.  Licensed fishermen may take unprotected fish. The taking of fish by spear or by bow and arrow is prohibited within one-half mile of any dock or swimming area.

     3.  Licensed fishermen may take striped bass by spear except within one-half mile of any dock or swimming area.

     4.  Each unattended live box or stringer containing fish must have a water resistant identification legibly bearing the name, address and number of the fishing license of the person using and storing fish in the box or stringer. Where several persons use the same box or fish stringer, each person shall attach his or her own identification to the box or stringer.

     (Added to NAC by Bd. of Wildlife Comm’rs, eff. 1-1-81; A 4-27-84, eff. 5-25-84; 12-3-84, eff. 1-1-85; 1-2-86; 12-11-87)

      NAC 503.591  Spearfishing for striped bass. (NRS 501.105, 501.181, 502.045, 503.290)  Spearfishing for striped bass is legal in:

     1.  Lake Mead; and

     2.  Lake Mohave from Cottonwood Cove to the cable below Hoover Dam except in that portion of Lake Mohave from Cottonwood Cove to Davis Dam and from Davis Dam down-river to the Nevada state line.

     (Added to NAC by Bd. of Wildlife Comm’rs, eff. 1-2-86; A 10-17-86, eff. 1-1-87)

      NAC 503.592  Use of mechanical device to propel spear. (NRS 501.105, 501.181, 503.290)

     1.  Any person who, while swimming or diving, uses a mechanical device held in the hand which uses a rubberband, a spring or pneumatic power to propel a spear to kill, capture or injure a fish shall:

     (a) Display a flag as described in subsection 2.

     (b) Not use such a mechanical device in an area set aside for waterskiing or swimming or in a heavily traveled lane for boats.

     (c) Use such a mechanical device only when the person is under the surface of the water.

     (d) Use such a mechanical device only if the spear is attached to the device by a lanyard.

     2.  The flag required by subsection 1 must be:

     (a) Displayed within 100 feet of the location of the swimmer or diver;

     (b) At least 12 inches square with a red background and white diagonal stripe that is one-fifth the width of the flag; and

     (c) Attached to a float or buoy which is clearly visible to approaching vessels. Between sunset and sunrise, a light must be attached to the float, buoy or flag.

     (Added to NAC by Bd. of Wildlife Comm’rs, eff. 1-2-86; A 12-11-87)

      NAC 503.593  Waters in which chumming and fishing with a spear prohibited. (NRS 501.105, 501.181, 503.300)

     1.  Chumming is prohibited in:

     (a) Lake Tahoe.

     (b) Topaz Lake.

     (c) Crittenden Reservoir.

     (d) The collection ditch of the Ruby Lake National Wildlife Refuge.

     (e) Spooner Lake.

     2.  Fishing with a spear for unprotected fish is prohibited in:

     (a) Lake Tahoe.

     (b) Topaz Lake.

     (Added to NAC by Bd. of Wildlife Comm’rs, eff. 1-1-81; A 1-2-86)

COMPETITIVE FIELD TRIALS

      NAC 503.610  Permits: Authority to conduct certain activities; application; use. (NRS 501.105, 501.181, 503.200)

     1.  Any person may conduct competitive field trials for hunting dogs or competitive field trials for raptors under a competitive field trials permit, or train hunting dogs or raptors under a training permit issued by the Department.

     2.  The person must submit an application, accompanied by the fee established in subsection 5 of NRS 502.240, to the Department at least 15 days before the trials or training activity. The application must set forth the date, time and location of the trials or training activity and the number of each species of upland game birds which will be released. An applicant for a training permit may request any number of dates for training during a specific 2-month period.

     3.  A competitive field trials permit is valid for only one field trial. The permittee or his or her designated representative shall have the permit in his or her possession and be present at the event.

     4.  A training permit is valid only for the person whose name appears thereon. The permittee shall have the permit in his or her possession while training hunting dogs or raptors with upland game birds that were bred in captivity.

     5.  An upland game bird bred in captivity and used for training that is not taken or recaptured on the date or dates specified on a permit issued pursuant to this section must not be taken or recaptured thereafter except during the appropriate season and according to any applicable rules or regulations adopted by the Commission.

     [Bd. of Fish & Game Comm’rs, No. 11 § 22.10, eff. 8-16-71; A 2-1-73; 5-15-74; 9-20-75]—(NAC A by Bd. of Wildlife Comm’rs, 9-13-91)

      NAC 503.620  Conducting competitive field trials and training. (NRS 501.105, 501.181, 503.200)

     1.  Except as otherwise provided in subsections 3, 4 and 5, in any area which is determined by the Department to be unpopulated by upland game birds:

     (a) Competitive field trials for, or the training of, hunting dogs or raptors is permitted at any time.

     (b) Legally acquired upland game birds may be released for shooting or taken by raptors.

     2.  Except as otherwise provided in subsections 3, 4 and 5, in any area which is determined by the Department to be populated by upland game birds:

     (a) Except as otherwise provided in paragraph (b), competitive field trials for, or the training of, hunting dogs or raptors is permitted only during the season established by the Commission for the hunting of the species of game bird used in the trials or training.

     (b) Competitive field trials for, or the training of, hunting dogs or raptors may be permitted at any time if upland game birds are released by the permittee and the Department determines the activity is not detrimental to existing wildlife.

     3.  Competitive field trials for hunting dogs or raptors are permitted on:

     (a) Mason Valley Wildlife Management Area from:

          (1) February 1 through February 14; and

          (2) August 16 through August 31; and

     (b) Overton Wildlife Management Area from February 1 through February 28.

     4.  Except as otherwise provided in subsection 5 and NAC 504.120, the training of hunting dogs or raptors is permitted on wildlife management areas at any time.

     5.  The training of hunting dogs or raptors is permitted on Mason Valley Wildlife Management Area:

     (a) From February 1 through February 14;

     (b) From August 16 through August 31; and

     (c) Except as otherwise provided in NAC 504.120, at any time, so long as the supervisor of the wildlife management area determines that the training is not detrimental to the wildlife management area.

     [Bd. of Fish & Game Comm’rs, No. 11 § 22.11, eff. 8-16-71; A 2-1-73; 5-15-74]—(NAC A by Bd. of Wildlife Comm’rs by R054-02, 11-19-2002, eff. 3-1-2003)

      NAC 503.630  Upland game birds: Permit for importation. (NRS 501.105, 501.181, 503.200)

     1.  Upland game birds may be imported to be released for competitive field trials or training of hunting dogs or raptors only pursuant to an importation permit issued by the Department.

     2.  An application for an importation permit must include:

     (a) The name and address of the supplier;

     (b) The number and species of birds to be imported; and

     (c) The method and date of shipment.

     3.  Each shipment of birds must be accompanied by an importation permit.

     [Bd. of Fish & Game Comm’rs, No. 11 § 22.12, eff. 5-15-74]

      NAC 503.640  Upland game birds: Prerequisites to release; inspection by Department. (NRS 501.105, 501.181, 503.200)

     1.  Upland game birds released for competitive field trials or training of hunting dogs or raptors must be at least 12 weeks of age, fully winged and in a condition to go wild.

     2.  The Department may inspect the birds before their release.

     [Bd. of Fish & Game Comm’rs, No. 11 § 22.13, eff. 8-16-71; A 2-1-73; 5-15-74]

      NAC 503.650  Upland game birds: Legbands. (NRS 501.105, 501.181, 503.200)

     1.  Upland game birds released for competitive field trials or training of hunting dogs or raptors must be banded with legbands approved by the Department and furnished by the permittee.

     2.  The legband must remain with the bird until it is utilized by a hunter.

     [Bd. of Fish & Game Comm’rs, No. 11 § 22.14, eff. 8-16-71; A 2-1-73; 5-15-74]

WILDLIFE DEPREDATION

      NAC 503.710  Wildlife depredation permit: Prerequisites to issuance. (NRS 501.105, 501.181, 503.595)

     1.  The Director or a person designated by the Director may, after thorough investigation, issue a permit to frighten, herd or kill wildlife if:

     (a) He or she has received information from the owner or tenant of any land or property indicating that such land or property is being damaged or destroyed or is in danger of being damaged or destroyed by wildlife; and

     (b) The injury complained of is substantial and can be abated.

     2.  The complaining person must state:

     (a) The location of the land or property;

     (b) The nature of the crops or other property being injured; and

     (c) The extent of the injury.

     [Bd. of Fish & Game Comm’rs Gen. Reg. No. 4 part § 1, eff. 6-1-70; A 2-1-72]

      NAC 503.720  Wildlife depredation permit: Contents. (NRS 501.105, 501.181, 503.595)  Such permit shall specify:

     1.  The name of the person permitted to frighten, herd or kill wildlife;

     2.  The method which may be used by the permittee;

     3.  The time for which the permit is valid;

     4.  The number of animals which may be killed;

     5.  The manner in which all dead animals shall be disposed of, and that they must be disposed of in the manner specified;

     6.  That a report of the operation shall be submitted to the Department; and

     7.  Such other conditions as are appropriate.

     [Bd. of Fish & Game Comm’rs Gen. Reg. No. 4 part § 1, eff. 6-1-70; A 2-1-72]

      NAC 503.730  Wildlife depredation permit: Ownership and disposition of wildlife taken. (NRS 501.105, 501.181, 503.595)

     1.  Except as provided in subsection 2, wildlife taken under such a permit may not be used for any purpose by the permittee or those assisting the permittee. Such wildlife are the property of the State and, if required by the Department, shall be retrieved and maintained in a good manner by the permittee. The Department may dispose of them by:

     (a) Donation to a public scientific or educational institution;

     (b) Donation to a charitable or other worthy institution for use as food; or

     (c) Sale of animals or pelts of value. The proceeds of a sale shall be deposited as provided in NRS.

     2.  The Department may donate the hide or pelt of such wildlife to a permittee to defray the cost of handling a depredation complaint.

     3.  Game species taken under such a permit which are unfit for human consumption or other unsalvable wildlife shall be destroyed by the Department.

     [Bd. of Fish & Game Comm’rs Gen. Reg. No. 4 § 2, eff. 6-1-70; A 2-1-72; 12-1-76]—(NAC A by Bd. of Wildlife Comm’rs, 4-27-84, eff. 5-25-84)

      NAC 503.740  Wildlife depredation permit: Limitation on use; federal permits. (NRS 501.105, 501.181, 503.595)

     1.  NAC 503.710 to 503.740, inclusive, do not authorize the herding or killing of wildlife in violation of any federal law or regulation.

     2.  A permit issued pursuant to the provisions of NAC 503.710 to 503.740, inclusive, shall not be exercised unless the permittee also complies with all permit requirements of the appropriate federal agencies.

     [Bd. of Fish & Game Comm’rs Gen. Reg. No. 4 § 3, eff. 6-1-70]

      NAC 503.760  Permits to control bobcats, coyotes or ravens from aircraft. (NRS 501.105, 501.181, 503.005)

     1.  The Department may issue a permit to the owner or tenant of any land or property, or to a governmental agency, to engage in the hunting, killing or nonlethal control of bobcats or coyotes from an aircraft for the purpose of protecting land, wildlife, livestock, domestic animals or human life. The Department may also issue a permit to the State Director of Animal Damage Control of the Animal and Plant Health Inspection Service of the United States Department of Agriculture to engage in the hunting, killing or nonlethal control of ravens from an aircraft. Such permits will not be issued for hunting for sport.

     2.  An applicant for such a permit must provide the following information:

     (a) His or her name, address and telephone number;

     (b) The purpose for which the permit is requested, specifying whether the permit is to protect land, wildlife, livestock, domestic animals or human life;

     (c) A description of the area in which the ravens, bobcats or coyotes will be hunted, killed or controlled;

     (d) The number of ravens, bobcats or coyotes intended to be taken;

     (e) The registration number of the aircraft to be used, the name and address of the pilot and the location where the aircraft will be based during the operation; and

     (f) Such other information as the Department may require.

     3.  A person granted a permit pursuant to this section shall comply with the terms, conditions and restrictions of the permit.

     4.  On or before January 10 after the calendar year in which the permit was issued, the permittee shall submit to the Department, at an address specified on the appropriate form, a written report of the number of ravens, bobcats or coyotes taken during each month in which the permit was valid.

     [Bd. of Wildlife Comm’rs, No. 31, eff. 4-8-80]—(NAC A 1-2-86; 4-14-92; R138-03, 1-20-2004)

DREDGING PERMITS

      NAC 503.810  Application for permit. (NRS 501.105, 501.181, 503.425)  An application for a dredging permit may be obtained from any office of the Department. A completed application and the required fees must be submitted to the Department. The applicant must include on the application:

     1.  The name of the applicant;

     2.  The physical and mailing addresses of the applicant’s residence and place of employment;

     3.  The telephone numbers of the applicant’s residence and place of employment;

     4.  The driver’s license number of the applicant, if he or she has been issued a driver’s license;

     5.  The date of birth of the applicant;

     6.  The applicant’s occupation and the name of his or her employer;

     7.  The make and model of the dredge to be used;

     8.  The diameter of the intake of the dredge;

     9.  The name of each river, stream and lake in which the dredge will be used, as designated by the mountain range, if applicable, and the county in which the river, stream or lake is located;

     10.  The date or dates on which the dredge will be operated in the river, stream or lake; and

     11.  The applicant’s signature and the date on which the applicant signed the application.

     (Added to NAC by Bd. of Wildlife Comm’rs, eff. 8-21-97)

      NAC 503.820  Expiration, scope, use, transferability and cancellation of permit. (NRS 501.105, 501.181, 503.425)

     1.  A dredging permit:

     (a) Expires on December 31 of the year in which it was issued;

     (b) May authorize the use of not more than three separate dredges; and

     (c) Will only authorize the operation of a dredge which has a maximum intake that is 4 inches or less in diameter.

     2.  A dredging permit may include authorization to operate a dredge in not more than 10 different bodies of waters.

     3.  The period authorized for dredging on each body of water will be determined by the Department within the following dates, based upon the spawning season of the species of fish present in that body of water:

     (a) If there are no species of fish present in the body of water, between January 1 and December 31.

     (b) If the body of water contains species of fish that spawn in both spring and fall, between June 1 and September 30.

     (c) If the body of water contains species of fish that spawn only in the spring, between June 1 and December 31.

     (d) If the body of water contains species of fish that spawn only in the fall, between March 1 and September 30.

     4.  The Department will not authorize dredging in a body of water or any portion of a body of water which contains species of fish classified by the Federal Government as endangered, threatened or sensitive, or classified by the Department as protected, if the Department determines that the dredging may be deleterious to the species of fish.

     5.  A holder of a dredging permit shall immediately return substrata gravel and sands removed during the dredging to the streambed from which the gravel or sand was removed and restore, as closely as possible, the original contour of the streambed.

     6.  A dredging permit:

     (a) Is not transferable; and

     (b) May be cancelled at any time by the Department for a violation of any term, condition or restriction of the permit.

     (Added to NAC by Bd. of Wildlife Comm’rs, eff. 8-21-97)