[Rev. 2/11/2014 12:47:40 PM]

[NAC-502 Revised Date: 1-14]

CHAPTER 502 - WILDLIFE: LICENSES, TAGS AND PERMITS

GENERAL PROVISIONS

502.001            Definitions.

502.0015          “Accompanies and directly supervises” defined.

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

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

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

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

502.005            “Antler” defined.

502.006            “Antler point” defined.

502.007            “Antlered deer” defined.

502.0072          “Antlered deer only” defined.

502.0074          “Antlered elk” defined.

502.0076          “Antlered elk only” defined.

502.008            “Antlerless deer” defined.

502.0085          “Antlerless deer only” defined.

502.009            “Antlerless elk” defined.

502.0095          “Antlerless elk only” defined.

502.0097          “Apprentice hunter” defined.

502.010            “Armed Forces of the United States” defined.

502.012            “Automated license agent” defined.

502.015            “Batch report” defined.

502.020            “Big game mammal” defined.

502.027            “Bonus point program” defined.

502.033            “Commission” defined.

502.040            “Department” defined.

502.050            “General hunt” defined.

502.054            “Hunt number” defined.

502.057            “Hunter choice number” defined.

502.060            “Hunting” defined.

502.063            “Junior hunt” defined.

502.065            “License agent” defined.

502.080            “License office” defined.

502.082            “Manual license agent” defined.

502.083            “Mentor hunter” defined.

502.084            “Nevada Interstate Boundary Waters License” defined.

502.085            “Nonresident” defined.

502.090            “Person who is blind” defined.

502.101            “Short-term permit” defined.

502.104            “Spike elk” defined.

502.1045          “Spike elk only” defined.

502.105            “Type of hunt” defined.

502.115            “Validate” defined.

502.117            “Resident Native American” interpreted.

PAYMENT OF FEES GENERALLY

502.118            Method of payment; fee for application submitted electronically.

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

LICENSE AGENTS

502.120            Authorization of agent to issue licenses, tags, stamps and permits.

502.125            Unlawful issuance of licenses, tags, stamps, permits and other documents.

502.140            Appointment of agents; participation in automated licensing system.

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

502.147            Criteria considered for approval of application.

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

502.152            Responsibilities of agent; prohibited acts.

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

502.165            Department to establish procedures regarding documents.

502.170            Batch reports: Dates due; submission; delinquency.

502.180            Voided documents: Credit to or assessment of license agent.

502.182            Recall of documents at close of season or license year: Procedure; assessment of fee for documents not received.

502.185            Lost batch reports; stolen documents; assessed value of missing documents.

502.192            Relinquishment or cancellation of authority: Recall and return of documents; assessment of fee for documents not returned.

502.195            Grounds for probation of agent or cancellation of authority.

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

LICENSES, TAGS AND PERMITS GENERALLY

502.200            Resident’s license or permit: Proof of identity and residency; information furnished by applicant and agent; signature of applicant.

502.205            Inclusion of social security number in application for hunting license.

502.211            Removal of personal information from lists sold by Department.

502.220            Issuance of licenses to members of Armed Forces who are residents of Nevada.

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

502.245            Application for license for person with severe physical disability.

502.250            Application and fee for duplicate license.

502.260            Nonresident’s license or permit: Information furnished by applicant and agent.

502.262            Apprentice hunting license: Proof of identity; information furnished by applicant and agent.

502.263            Apprentice hunting license: Temporary authorization number issued in lieu of license.

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

502.265            Mentor hunter: Period of validity of affidavit.

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

502.271            Temporary authorization number for license or stamp purchased over Internet or by telephone.

502.280            License, tag or permit issued without validated class code; license, tag or permit issued with more than one class code validated.

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

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

FISHING

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

502.286            Fishing in Lake Tahoe and Topaz Lake.

502.291            1-day group fishing permits; authorization number in lieu of document.

502.295            Special fishing permits: Expiration.

502.297            Use of second rod.

502.300            Date when fishing license not required.

TAGS, PERMITS, STAMPS AND OTHER REQUIREMENTS

General Provisions

502.310            Tags: Conditions for issuance.

502.312            Designation of period within season as controlled hunt.

502.314            Duplicate tags.

502.321            Replacement tags.

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

502.333            Limitation on applying for junior hunt.

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

502.341            Antelope tags.

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

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

502.361            Elk tags.

502.364            Mountain goats: Tags; inspection.

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

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

502.376            Upland game birds: Stamp or other documentation required; exceptions.

502.378            Wild turkeys: Tags; miscellaneous requirements.

502.380            Swans: Permits; miscellaneous requirements; prohibited acts.

502.385            Use of tag or permit.

502.390            Validation of tag or permit.

502.400            Attachment of tag or permit to animal.

502.401            Use of tag as transportation permit; requirements.

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

502.405            Questionnaire with big game tag: Submission of information to independent contractor designated by Department; correction; denial and reinstatement of certain privileges.

502.407            Questionnaire with turkey tag: Submission to independent contractor designated by Department; correction; denial and reinstatement of certain privileges.

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

502.415            Duck stamps: Price.

General Procedure for Awarding Tags and Bonus Points

502.416            “Department” defined.

502.417            Applicability.

502.4175          Application for tag or bonus point; fees.

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

502.4179          Restrictions on applications.

502.418            Rejection of application.

502.4183          Withdrawal of application; electronic submission of new application.

502.4185          Applications for certain tags by group of persons.

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

502.4188          Bonus points: Categories of species.

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

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

502.419            Third-party errors.

502.4195          Error by Department.

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

502.4197          Correctable errors.

502.4205          Computerized system of drawing; bonus point program.

502.4208          Posting results of computerized drawings.

502.421            Alternate list; procedure to refill quota.

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

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

502.4225          Refund of fee for hunting license.

Special Incentive Elk Tags

502.42253        Definitions.

502.42256        “Actual elk use area” defined.

502.42259        “Landowner applicant” defined.

502.42263        “Special incentive elk tag” defined.

502.42269        Denial of tag under certain circumstances.

502.42273        Persons not eligible for tag.

502.42276        Provisions of agreement between landowner applicant and Director.

502.42279        Award, issuance and use of tags; fees.

502.42283        Arbitration panel.

Restricted Nonresident Deer Tags

502.423            Definitions.

502.42302        “Department” defined.

502.42303        “Federal land management agency” defined.

502.42305        “Restricted nonresident deer hunt” defined.

502.42306        “Restricted nonresident deer hunter” defined.

502.42307        “Restricted nonresident deer tag” defined.

502.42309        Applicability.

502.4231          Application for tag; fees.

502.4233          Master guide: License; special use permit.

502.4235          Rejection of application for tag.

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

502.4237          Drawing for tags: Notification; restrictions.

502.42371        Computerized system of drawing; bonus point program.

502.42372        Bonus points: Award and accumulation.

502.42373        Bonus points: Use; nontransferability; application by group of persons.

502.42375        Third-party errors.

502.42377        Error by Department.

502.4238          Cancellation of tag; refunds; loss of master guide; generation of alternate list; procedure to refill quota.

502.4239          Questionnaire: Completion and submission to independent contractor designated by Department; correction; denial and reinstatement of certain privileges.

Damage Compensation Tags

502.424            Definitions.

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

502.4244          Ineligible persons.

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

502.4248          Cooperative agreement with Department.

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

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

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

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

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

Dream Tags

502.4269          “Private entity” defined.

502.42691        Price.

502.42692        Resource enhancement stamps.

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

502.42694        Issuance; recipient required to submit questionnaire.

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

502.42696        Validity.

Partnership in Wildlife Drawing

502.427            Participation; tag fees; disposition of money received.

502.4275          Awarding of tags.

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

502.4285          Eligibility for tags.

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

SILVER STATE TAG DRAWING

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

502.4292          Contents of application; valid hunting license required; fees.

502.4293          Eligibility to apply.

502.4294          Bonus points.

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

502.4296          Third-party error.

502.4297          Rejection of application.

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

TAXIDERMISTS

502.430            Definitions.

502.435            Taxidermist license required.

502.440            License: Application; validity; renewal.

502.445            Commercial taxidermist: Authorized acts.

502.450            Noncommercial taxidermist: Authorized acts.

502.455            Taxidermic records; identification tags for taxidermic items.

BODIES OF WATER LETHAL TO WILDLIFE

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

502.465            “Chemicals or substances” interpreted.

502.470            “Normal use” interpreted.

502.475            Permits: Form; fee.

502.480            Permits: Individual design; compliance with conditions.

502.482            Payment of annual assessment by holder of permit.

502.485            Reports regarding death of wildlife.

502.495            Access by Department to property.

HUNTER SAFETY

502.500            Course in safe handling of firearms; fees.

 

GENERAL PROVISIONS

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

     2.  Of the following subspecies of bighorn sheep:

     (a) Nelson bighorn sheep;

     (b) California bighorn sheep; or

     (c) Rocky Mountain bighorn sheep.

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

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

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

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

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

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

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

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

      NAC 502.040  “Department” defined. (NRS 501.105, 501.181)  “Department” means the Department of Wildlife.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

      NAC 502.080  “License office” defined. (NRS 501.105, 501.181)  “License office” means the office which has been created within the Bureau of Administrative Services of the Department to control documents and to administer the license agencies.

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

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

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

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

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

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

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

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

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

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

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

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

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

      NAC 502.104  “Spike elk” defined. (NRS 501.105, 501.181)  “Spike elk” means any elk without branching on either antler.

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

      NAC 502.1045  “Spike elk only” defined. (NRS 501.105, 501.181)  “Spike elk only” means, in a designation of elk that may be taken during an open season, only elk without branching on either antler.

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

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

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

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

     3.  The weapons to be used;

     4.  The residency of applicants; and

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

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

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

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

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

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

PAYMENT OF FEES GENERALLY

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

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

     (a) Made payable to the Department;

     (b) The same method of payment for each transaction;

     (c) In the form of:

          (1) Cash;

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

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

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

     (d) Paid in United States currency.

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

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

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

     (c) A check for a refund that is issued by the Department, if the check is endorsed for payment to the Department.

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

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

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

     (c) Of $2 for any other application,

Ê that is submitted to the Department electronically.

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

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

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

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

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

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

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

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

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

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

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

LICENSE AGENTS

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

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

     2.  Duplicates of original licenses.

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

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

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

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

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

     (Added to NAC by Bd. of Wildlife Comm’rs, eff. 12-29-97)

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

     1.  The Department will appoint such license agents as are necessary to provide readily available service to the hunting, fishing and trapping public.

     2.  A license agent appointed:

     (a) On or after January 21, 2003, must participate in the automated licensing system administered by the Department and:

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

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

          (3) Pay any expenses incurred by the Department to install and set up any other equipment required for that participation.

     (b) Before January 21, 2003, must, except for good cause as determined by the Department, participate in the automated licensing system administered by the Department and:

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

          (2) Obtain and maintain at his or her own expense such a communication line as the Department determines to be necessary for that participation. The Department shall, at its own expense and on behalf of a license agent who pursuant to this paragraph participates in the automated licensing system administered by the Department, install and set up any other equipment required for that participation.

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

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

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

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

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

     2.  If the application for appointment as a license agent is approved, the application fee will be applied to reduce the installation and set-up fees described in NAC 502.140.

     3.  The Department may require an applicant to provide:

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

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

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

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

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

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

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

      NAC 502.147  Criteria considered for approval of application. (NRS 501.105, 501.181, 502.040)

     1.  To determine whether to approve or deny an application for appointment as a license agent, the Department may consider, without limitation, the following criteria:

     (a) Whether the applicant has met the bonding requirements of NAC 502.150.

     (b) Whether the applicant is financially responsible.

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

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

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

     (f) Whether the applicant has been convicted of a felony or gross misdemeanor.

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

     (h) Whether the applicant has been convicted of a crime involving moral turpitude.

     (i) The cooperation of the applicant and his or her employees.

     (j) Characteristics of the business where the applicant desires to issue licenses, including, without limitation:

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

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

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

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

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

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

     (k) If the applicant previously was a license agent:

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

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

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

     (l) If the applicant will replace an agent at the business where the applicant desires to issue licenses:

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

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

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

     2.  Except as otherwise provided in this subsection, if an applicant desires to issue licenses at a business where licenses have not been issued previously, the business must have been established for at least 1 year. The Department may waive this requirement for an applicant whose business is located in a remote area if there is an extreme need for an agent in that area. All other applications will be handled on a case-by-case basis in accordance with subsection 1.

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

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

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

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

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

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

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

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

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

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

     (b) Aid in or attempt such acts; or

     (c) Cause such acts to be done.

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

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

     1.  Except as otherwise provided in subsections 3 and 4, a license agent shall, as specified by the Department:

     (a) Forward to the license office; or

     (b) Deposit at least once every 7 days for electronic transfer to a bank account designated by the Department,

Ê any money collected by the license agent, excluding any service fees to which the license agent is entitled, for the sale and issuance of any licenses, permits, tags, stamps and other documents authorized by the Department.

     2.  If a manual license agent fails to comply with the provisions of subsection 1 regarding all the money due for the period covered by a batch report on or before the date that batch report is due, or an automated license agent fails to comply with the provisions of subsection 1 regarding all the money due for a calendar week on or before the Wednesday immediately following that calendar week, the Department:

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

     (b) If the license agent is:

          (1) A manual license agent, shall not send any more licenses, permits, tags, stamps or other licensing documents to the license agent until all the money due has been received by the Department; or

          (2) An automated license agent, shall terminate the ability of the license agent to issue licenses, permits, tags, stamps or other licensing documents until all the money due has been received by the Department.

     3.  If the license office, after receiving a batch report from a manual license agent, determines that a balance is due as reflected on the agent’s statement of account, the balance must be paid by the agent within 10 calendar days after receipt of the statement of account by the agent.

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

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

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

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

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

      NAC 502.170  Batch reports: Dates due; submission; delinquency. (NRS 501.105, 501.181, 502.040)

     1.  The Department shall assign to each manual license agent dates for the submission of batch reports. The agent shall submit at least two batch reports each month which must be received by the Department by the assigned dates. If the agent has had no sales during the period covered by a batch report, he or she shall enter “no sale” on the report and submit it to the Department. The batch report must be received by the Department by the assigned date.

     2.  If the Department does not receive a batch report on or before the date assigned pursuant to subsection 1, the Department:

     (a) Shall not send any more licenses, permits, tags, stamps or other licensing documents to the license agent until his or her batch report is received; and

     (b) Shall send a notice of delinquency to the license agent.

     [Bd. of Wildlife Comm’rs, No. 19 § 17, eff. 3-10-80]—(NAC A 9-20-83; 2-18-88, eff. 3-1-88; 11-23-94; R109-02, 1-21-2003)

      NAC 502.180  Voided documents: Credit to or assessment of license agent. (NRS 501.105, 501.181, 502.040)

     1.  Credit may be given to:

     (a) A manual license agent for licenses, permits and tags that have been voided if the agent returns to the Department the original and remittance copy of the license, permit or tag with the word “void” written across it.

     (b) An automated license agent for licensing documents that have been printed and voided if the agent submits the original voided document to the Department.

     2.  Credit may be given to any license agent for stamps that are returned to the Department with the word “void” written across the face.

     3.  If a manual license agent declares that a document is void but has not submitted both the original and remittance copy of the document, the license agent will be sent a notification of incomplete documents. If the license agent does not substantiate that the document is void within 60 days after receiving such notification, the agent will be assessed the value of the document as determined in the manner provided in paragraphs (a), (b) and (c) of subsection 3 of NAC 502.185.

     4.  If the Department does not receive an original voided document from an automated license agent within 10 days after the date of the transaction for which the document was printed, the agent will be assessed the recorded value of the document.

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

      NAC 502.182  Recall of documents at close of season or license year: Procedure; assessment of fee for documents not received. (NRS 501.105, 501.181, 502.040)

     1.  The Department will recall documents from license agents at the close of a season or license year.

     2.  The Department will notify each license agent in writing that specific documents are being recalled and that they must be received by the Department on or before a specified date. The specified receipt date must not be more than 60 days after the date of notification. To receive credit, unsold documents must be received by the Department on or before the specified receipt date.

     3.  The license agent will be assessed a fee for each document recalled but not received by the Department within 30 days after the date specified pursuant to subsection 2. The fee amount will be determined pursuant to NAC 502.185.

     [Bd. of Fish & Game Comm’rs, No. 19 § 20, eff. 3-10-80]—(NAC A by Bd. of Wildlife Comm’rs, 2-18-88, eff. 3-1-88; 1-24-92; 11-23-94)

      NAC 502.185  Lost batch reports; stolen documents; assessed value of missing documents. (NRS 501.105, 501.181, 502.040)

     1.  If a license agent’s batch report has been lost in the mail, the license agent may receive credit if the agent notifies the Department of the loss and provides photocopies of the report to the Department.

     2.  If documents have been stolen, the license agent may receive credit if the agent notifies the Department and submits a copy of a police report to the Department listing the document numbers of the stolen documents.

     3.  If the provisions of subsections 1, 2 and 4 of NAC 502.180 do not apply, or if a document has been lost or destroyed by an agent or stolen and no copy is available, the assessed value of the document is:

     (a) For a license or permit from a book, an amount equal to the highest priced license or permit in that book;

     (b) For a tag from a book, an amount equal to the highest priced tag in that book; and

     (c) For a stamp, the face value.

     [Bd. of Fish & Game Comm’rs, No. 19 § 22, eff. 3-10-80]—(NAC A by Bd. of Wildlife Comm’rs, 4-1-82; 4-27-84, eff. 5-25-84; 2-18-88, eff. 3-1-88; 11-23-94; 12-29-97; R109-02, 1-21-2003)

      NAC 502.192  Relinquishment or cancellation of authority: Recall and return of documents; assessment of fee for documents not returned. (NRS 501.105, 501.181, 502.040)

     1.  A license agent may voluntarily relinquish his or her authority or the Department may cancel his or her authority pursuant to NAC 502.195. All sold, unsold and void documents are subject to immediate recall upon a license agent’s notification to the Department that the license agent has voluntarily relinquished his or her authority or upon the Department’s notification to the agent of its cancellation of his or her authority.

     2.  Credit will be given for unsold documents returned to the Department within 30 days after the notice of voluntary relinquishment of authority or the Department’s notice of cancellation of authority.

     3.  Thirty days after the notice of voluntary relinquishment of authority or the Department’s notice of cancellation of authority the license agent will be assessed a fee for each recalled document not returned in an amount determined pursuant to NAC 502.185.

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

      NAC 502.195  Grounds for probation of agent or cancellation of authority. (NRS 501.105, 501.181, 502.040)

     1.  The Department may:

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

     (b) Cancel a license agent’s authority at the end of a licensing year if the license agent:

          (1) Is located in an incorporated city and fails to sell:

               (I) At least 300 licensing documents during his or her first year of appointment as a license agent; and

               (II) At least 600 licensing documents during his or her second and each subsequent year of appointment as a license agent; or

          (2) Is not located in an incorporated city and fails to sell:

               (I) At least 100 licensing documents during his or her first year of appointment as a license agent; and

               (II) At least 200 licensing documents during his or her second and each subsequent year of appointment as a license agent.

     2.  As used in this section, “licensing document” means a license, permit, tag, stamp or other licensing document authorized by the Department.

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

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

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

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

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

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

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

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

LICENSES, TAGS AND PERMITS GENERALLY

      NAC 502.200  Resident’s license or permit: Proof of identity and residency; information furnished by applicant and agent; signature of applicant. (NRS 501.105, 501.181, 502.030)

     1.  Except as otherwise provided in NAC 502.262, a license agent may require an applicant for a resident’s license or permit to provide reasonable proof of the applicant’s identity and proof that the applicant has had at least 6 months of continuous residence in Nevada before issuing a resident’s license or permit to the applicant. Such proof may include, but is not limited to, a Nevada driver’s license or other identification containing a photograph of the applicant, receipts from the rent or lease of a residence located within this State, records of public utilities, stubs from employment checks or any other document indicating the applicant’s name and current address. Any document presented must be dated at least 6 months before the date a license or permit is issued. A license or permit issued by the Department for a previous year is not acceptable proof of residency.

     2.  Except as otherwise provided in NAC 502.262, the license agent shall correctly enter the required information on the original and all copies of any licenses and permits issued to residents. The information must include:

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

     (b) The applicant’s social security number, unless the applicant is a citizen of a country other than the United States;

     (c) The month and year of the applicant’s residency;

     (d) The month, day, year and time the license or permit is issued to the applicant;

     (e) A description of the applicant, including his or her height, weight, sex and date of birth;

     (f) If the applicant was born after January 1, 1960, and is applying for a hunting license or a combination hunting and fishing license, a statement indicating that the applicant has presented proof of successful completion of a course in the responsibilities of hunters as required by the provisions of NRS 502.330;

     (g) The class of license or permit for which the applicant is applying;

     (h) The license agent’s account number and the initials of the person who issues the license or permit; and

     (i) If a short-term permit to fish is issued, the starting date of the permit.

     3.  The license or permit must contain a statement in the form required by law, signed by the applicant, attesting that the applicant is entitled to the license or permit under the laws of Nevada.

     4.  The license agent may, at the option of the applicant, enter on the license or permit the number of the driver’s license of the applicant and the state of its issuance if the applicant holds a driver’s license.

     [Bd. of Fish & Game Comm’rs, No. 19 § 11, eff. 3-10-80]—(NAC A 1-1-83; A by Bd. of Wildlife Comm’rs, 11-23-94; 11-29-95, eff. 3-1-96; 12-29-97; R109-02, 1-21-2003; R019-10, 6-30-2010)

      NAC 502.205  Inclusion of social security number in application for hunting license. (NRS 501.181, 502.030, 502.063)  In addition to any other information required pursuant to this chapter, an applicant for a hunting license must include his or her social security number in his or her application for a hunting license if the Social Security Administration has issued such a number.

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

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

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

      NAC 502.220  Issuance of licenses to members of Armed Forces who are residents of Nevada. (NRS 501.105, 501.181, 502.290)  Licenses must be issued, pursuant to NRS 502.290, to members of the Armed Forces of the United States who are bona fide residents of Nevada, but not stationed in this State. An applicant must exhibit evidence of his or her duty assignment or show leave papers to the license agent before a license is issued to the applicant.

     [Bd. of Fish & Game Comm’rs, No. 19 § 13, eff. 3-10-80]

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

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

      NAC 502.245  Application for license for person with severe physical disability. (NRS 501.105, 501.181, 502.030, 502.245)  An application for a hunting or fishing license or a combined hunting and fishing license for a person with a severe physical disability must be submitted to the Department. The application must be made on a form provided by the Department and must contain such information as is necessary to enable the Department to determine the applicant’s eligibility. The application must be accompanied by reasonable proof which describes the character and extent of the applicant’s disability.

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

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

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

     2.  An application for a duplicate license must:

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

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

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

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

      NAC 502.260  Nonresident’s license or permit: Information furnished by applicant and agent. (NRS 501.105, 501.181, 502.030)

     1.  Except as otherwise provided in NAC 502.262, a license agent shall correctly enter the required information on the original and all copies of licenses or permits issued to nonresidents. The information must include:

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

     (b) The social security number of the applicant, unless the applicant is a citizen of a country other than the United States;

     (c) The month, day, year and time the license or permit is issued to the applicant;

     (d) A description of the applicant, including his or her height, weight, sex and date of birth;

     (e) If the applicant was born after January 1, 1960, and is applying for a hunting license or a short-term hunting permit, a statement indicating that the applicant has presented proof of successful completion of a course in the responsibilities of hunters as required by the provisions of NRS 502.330;

     (f) The class of license or permit for which the applicant is applying;

     (g) The license agent’s account number and the initials of the person who issues the license or permit; and

     (h) If a short-term permit is issued, the starting date of the permit.

     2.  The license agent may, at the option of the applicant, enter on the license or permit the number of the driver’s license of the applicant and the state of its issuance if the applicant holds a driver’s license.

     [Bd. of Fish & Game Comm’rs, No. 19 § 15, eff. 3-10-80]—(NAC A 1-1-83; A by Bd. of Wildlife Comm’rs, 11-23-94; 12-29-97; R109-02, 1-21-2003; R019-10, 6-30-2010)

      NAC 502.262  Apprentice hunting license: Proof of identity; information furnished by applicant and agent. (NRS 501.105, 501.181, 502.030, 502.066)

     1.  A license agent may require a resident or nonresident applicant for an apprentice hunting license to provide reasonable proof of the applicant’s identity before issuing an apprentice hunting license to the applicant. Such proof may include, without limitation, a driver’s license or other identification containing a photograph of the applicant.

     2.  The license agent shall correctly enter the required information on the original and all copies of the apprentice hunting license issued to the applicant. The information must include:

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

     (b) The month, day, year and time the apprentice hunting license is issued to the applicant;

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

     (d) If the license:

          (1) Is not issued electronically:

               (I) The applicant’s social security number, unless the applicant is a citizen of a country other than the United States;

               (II) The license agent’s account number and the initials of the person who issues the license; and

               (III) If the applicant holds a driver’s license, the number of the driver’s license of the applicant and the state of its issuance; or

          (2) Is issued electronically:

               (I) The applicant’s client number; and

               (II) The license agent’s account number.

     3.  The license must contain a statement, signed by the applicant, attesting that the applicant is eligible for the issuance of the apprentice hunting license pursuant to NRS 502.066.

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

      NAC 502.263  Apprentice hunting license: Temporary authorization number issued in lieu of license. (NRS 501.105, 501.181, 502.030, 502.066)  In lieu of issuing an apprentice hunting license, the Department may issue such a license in the form of a temporary authorization number pursuant to NAC 502.271. A temporary authorization number issued pursuant to this section may be used only:

     1.  By the person for whom it is issued; and

     2.  On the dates of validity of the temporary authorization number.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

      NAC 502.271  Temporary authorization number for license or stamp purchased over Internet or by telephone. (NRS 501.105, 501.181)

     1.  The Department may issue a temporary authorization number for a license or stamp if the license or stamp is made available for application and purchase over the Internet or by telephone. The temporary authorization number for each license or stamp is valid for not more than 10 days after the date of its issuance.

     2.  Upon the request of a law enforcement officer, a person who uses a temporary authorization number shall specify the authorization number and present proof of his or her identity.

     (Added to NAC by Bd. of Wildlife Comm’rs by R156-05, eff. 2-23-2006)

      NAC 502.280  License, tag or permit issued without validated class code; license, tag or permit issued with more than one class code validated. (NRS 501.105, 501.181, 502.040)

     1.  A license, tag or permit which is issued without a validated class code, and for which the issuing license agent cannot provide his or her copy within 60 days after notice by the Department, must be assessed to the license agent at the following rates:

     (a) For the following licenses, the face value, as indicated by the date of birth and residence of the licensee:

          (1) Junior resident’s hunting license;

          (2) Junior resident’s trapping license;

          (3) Junior resident’s fishing license;

          (4) Junior nonresident’s fishing license;

          (5) Senior resident’s hunting license; and

          (6) Senior resident’s fishing license.

     (b) For a short-term permit, the face value of a permit for 1 day and for 9 consecutive days.

     (c) If the license is not a junior or senior hunting or fishing license:

          (1) At the same rate as the license which precedes or follows it in the license book if the two licenses are of the same type or class.

          (2) If the rate cannot be determined pursuant to subparagraph (1), at the applicable rate set forth in subsection 3 of NAC 502.185.

     (d) For a tag, the applicable rate set forth in subsection 3 of NAC 502.185.

     2.  A license, tag or permit which is issued with more than one class code validated must be assessed to the license agent at a rate which equals the:

     (a) Total of the fees for every class which was validated if the validated class codes are for different types of privileges; or

     (b) Highest fee of the classes which were validated if the validated class codes are for the same or similar types of privileges.

     [Bd. of Fish and Game Comm’rs, No. 19 § 21, eff. 3-10-80]—(NAC A 4-1-82; 3-5-86; A by Bd. of Wildlife Comm’rs, 11-23-94; 11-29-95, eff. 3-1-96; 12-29-97; R137-03, 1-20-2004)

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

FISHING

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

     1.  When fishing in the reciprocal waters of the Colorado River, Lake Mead and Lake Mohave from the shore of Nevada, each person who is 12 years of age or over must possess:

     (a) An Arizona fishing license;

     (b) A Nevada fishing license; or

     (c) A Nevada Interstate Boundary Waters license.

     2.  When fishing in the reciprocal waters of the Colorado River, Lake Mead and Lake Mohave from a location other than the shore of Nevada, each person who is 12 years of age or over must possess:

     (a) An Arizona fishing license; or

     (b) A Nevada Colorado River special use stamp, in addition to:

          (1) A Nevada fishing license; or

          (2) A Nevada Interstate Boundary Waters license.

     3.  The fee for the Nevada Colorado River special use stamp is $3, and the stamp is effective from March of the year that the stamp is issued through February of the following year.

     4.  A person who holds a Nevada Colorado River special use stamp must validate the stamp by signing the person’s name in ink across the face of the stamp and affixing the stamp to his or her fishing license or permit to fish, or the person must provide any other such documentation as the Department provides as proof that he or she has paid to the Department the fee for the special use stamp.

     5.  Persons under 12 years of age may fish in the reciprocal waters of the Colorado River, Lake Mead and Lake Mohave without obtaining a special use stamp, license or permit to fish.

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

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

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

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

     (b) A Nevada fishing license or a Nevada Interstate Boundary Waters license and, if the license is an annual license, a trout stamp.

     2.  Persons under 16 years of age are not required to obtain any license or permit to fish in Lake Tahoe and Topaz Lake.

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

      NAC 502.291  1-day group fishing permits; authorization number in lieu of document. (NRS 501.105, 501.181, 502.083)

     1.  Except as otherwise provided in this section, a 1-day group fishing permit issued to a group authorizes each member of the group to fish only on:

     (a) The date of validity specified on the permit; or

     (b) The date the permit is issued, if the date of validity is not specified on the permit.

     2.  Each 1-day group fishing permit must include on the face of the permit:

     (a) The name of the person designated pursuant to NRS 502.083 to act as the primary adult for the group to which the permit is issued;

     (b) Either:

          (1) The number of the annual fishing license or 1-day permit to fish issued to the primary adult, if such a license or permit is issued to the primary adult; or

          (2) The authorization number issued to the primary adult pursuant to subsection 4, if such a number is issued to the primary adult; and

     (c) The number of members of the group authorized to fish in accordance with the 1-day group fishing permit.

     3.  The number of members of a group specified on a 1-day group fishing permit must not be increased after the transaction for the purchase of the permit is complete.

     4.  In lieu of issuing a written 1-day group fishing permit, the Department may issue such a permit in the form of an authorization number. An authorization number issued pursuant to this subsection may be used only:

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

     (b) On the date of validity of the authorization number.

     5.  Upon the request of a law enforcement officer, a person using an authorization number pursuant to subsection 4 must:

     (a) Present proof of his or her identity; and

     (b) Specify:

          (1) The authorization number; and

          (2) The name of the person designated to act as the primary adult for the group.

     6.  As used in this section:

     (a) “Group” has the meaning ascribed to it in NRS 502.083.

     (b) “1-day group fishing permit” means a permit issued pursuant to NRS 502.083.

     (Added to NAC by Bd. of Wildlife Comm’rs by R113-07, eff. 12-4-2007)

      NAC 502.295  Special fishing permits: Expiration. (NRS 501.105, 501.181, 502.077)  Special fishing permits expire on the last day of February of each year.

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

      NAC 502.297  Use of second rod. (NRS 501.105, 501.181, 503.290)

     1.  A person may fish with a second combination of hook, line and rod if the person:

     (a) Has:

          (1) A stamp for a second rod, validated by the person’s signature in ink across the face of the stamp, affixed to his or her fishing license or permit to fish; or

          (2) Any other such documentation as the Department provides as proof that the person has paid to the Department, for the licensing period that includes the time he or she is fishing, the fee to use a second rod; and

     (b) Complies with the provisions of subsection 1 of NRS 503.290.

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

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

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

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

TAGS, PERMITS, STAMPS AND OTHER REQUIREMENTS

General Provisions

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

     [Bd. of Fish & Game Comm’rs, No. 6 § 1, eff. 7-1-70]

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

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

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

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

     2.  Upon submission of a completed application for a duplicate tag, a duplicate tag may be purchased at any office of the Department that issues duplicate tags.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

                      $15

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

                        10

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

                        10

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

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

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

REVISER’S NOTE.

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

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

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

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

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

 

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

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

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

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

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

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

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

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

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

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

     (d) Submit to the Department:

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

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

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

     (Added to NAC by Bd. of Wildlife Comm’rs by R114-05, eff. 10-31-2005)

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

     1.  Unless his or her privilege is limited or revoked pursuant to law, any resident of Nevada or nonresident is eligible to apply in any year for a tag to hunt antelope.

     2.  Except as otherwise provided in NRS 502.215 and NAC 502.321 and 502.4293, any person who harvests an antelope with horns longer than its ears using a tag specified in subsection 1 is not eligible to apply for another tag to hunt antelope with horns longer than its ears during the next 5 years.

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

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

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

     (a) Nelson bighorn sheep;

     (b) California bighorn sheep; or

     (c) Rocky Mountain bighorn sheep,

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

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

     (a) Nelson bighorn sheep;

     (b) California bighorn sheep; or

     (c) Rocky Mountain bighorn sheep,

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

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

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

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

REVISER’S NOTE.

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

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

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

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

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

 

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

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

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

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

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

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

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

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

     (b) The entire unskinned carcass of a bobcat,

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

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

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

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

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

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

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

     1.  Except as otherwise provided in subsection 3 or NAC 502.4293, or unless his or her privilege is limited or revoked pursuant to law, a person is eligible to apply for a bull elk tag in any year if he or she did not receive a bull elk tag or a replacement tag for a bull elk in the previous 5 years. Unless his or her privilege is limited or revoked pursuant to law, a person is eligible to apply for an antlerless elk tag in any year.

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

     3.  Except as otherwise provided in NAC 502.4293, a person who obtains a bull elk tag or a replacement tag for a bull elk and is successful in harvesting a bull elk is not eligible to apply for another bull elk tag during the next 10 years.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

     4.  It is unlawful for any person to:

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

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

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

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

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

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

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

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

     2.  The fee for:

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

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

     3.  A person who harvests a black bear shall:

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

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

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

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

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

     5.  It is unlawful for any person to:

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

     (b) Kill or possess a black bear cub.

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

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

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

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

Ê whichever occurs earlier.

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

     (a) Notify the Commission of the closure;

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

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

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

      NAC 502.376  Upland game birds: Stamp or other documentation required; exceptions. (NRS 501.105, 501.181, 502.292)

     1.  Except as otherwise provided in subsection 2, any person who hunts for upland game birds, except turkey and crow, must carry on his or her person:

     (a) An unexpired upland game bird stamp validated by the person’s signature in ink across the face of the stamp; or

     (b) Any other such documentation as the Department provides as proof that the person has paid to the Department, for the licensing period that includes the time he or she is hunting, the fee for the upland game bird stamp.

     2.  The provisions of this section do not apply to a person who is under the age of 12 years.

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

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

     1.  A tag is required to hunt wild turkey. The fee for a resident tag is $20. The fee for a nonresident tag is $50. In addition, a nonrefundable fee in the amount set forth in subsection 3 of NAC 502.331 will be charged for acting upon each application for a tag. A person may obtain a form to apply for a tag from a license agent or an office of the Department. The form must be completed in accordance with the instructions on the form. The award of these tags by the Department will be based on a drawing held after the deadline specified on the form.

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

     (a) A valid hunting license; and

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

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

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

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

     1.  A permit is required to hunt swan. The fee for the permit is $10. A person must apply for the permit on a form provided by the Department. The form must be completed in accordance with the instructions thereon. Award of the swan hunt permits by the Department will be based on a drawing held after the date specified on the form.

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

     (a) Hunting license issued by the Department, unless the person is a resident of this State who is under the age of 12 years, or a nonresident permit to hunt upland game and migratory game birds;

     (b) Swan hunt permit issued by the Department;

     (c) State duck stamp, or any other such documentation as the Department provides as proof that the person has paid to the Department the fee for the state duck stamp, unless the person is under the age of 12 years or 65 years of age or older; and

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

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

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

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

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

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

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

     1.  The tag or permit must:

     (a) Include, in the space provided on the tag or permit, the signature of the holder of the tag or permit and the date on which and time at which the holder signed the tag or permit; and

     (b) Be carried by the holder at all times while the holder is hunting or trapping or while he or she is fishing for wildlife for which a tag or permit is required.

     2.  It is unlawful for any person to:

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

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

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

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

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

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

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

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

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

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

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

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

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

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

     (a) Pursuant to paragraph (a) of subsection 1 of NAC 502.385, the game tag includes the signature of the holder of the game tag and the date on which and time at which the holder signed the game tag;

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

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

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

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

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

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

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

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

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

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

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

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

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

     (Added to NAC by Bd. of Wildlife Comm’rs by R003-13, eff. 10-4-2013)

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

     1.  Unless otherwise provided by an annual regulation of the Commission, the properly completed questionnaire issued as part of a big game tag or the information required by the questionnaire must be received by the independent contractor designated by the Department not later than 5 p.m. on January 31, or the next business day if January 31 falls on a weekend or state holiday, following the close of the season for which the tag was issued.

     2.  The Department shall annually designate and publish the name and address of an independent contractor who will receive the questionnaire or the information required by the questionnaire pursuant to subsection 1.

     3.  A person who fails to return the questionnaire or the information required by the questionnaire within the period specified or who submits incomplete or false information on the questionnaire will be denied all big game tags for 1 year. A person who has been denied a big game tag pursuant to this subsection may have those privileges reinstated if the person:

     (a) Using a postal service:

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

          (2) Submits to the independent contractor designated by the Department the properly completed questionnaire issued as part of the big game tag or the information required by the questionnaire, all of which must be received by the third Friday in March; or

     (b) Together with an application that is submitted electronically for a big game tag in the main draw:

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

          (2) Submits to the independent contractor designated by the Department the properly completed questionnaire issued as part of the big game tag or the information required by the questionnaire on or before the deadline for the application for the main draw.

     4.  The Department shall allow an applicant to correct a questionnaire if:

     (a) The independent contractor receives the questionnaire and enters the information on the questionnaire into the computer;

     (b) The questionnaire contains an error that causes the computer to send to the applicant a letter of rejection and blank correction document; and

     (c) The independent contractor receives the completed correction document on or before the deadline set forth in the correction document.

     5.  If the independent contractor receives the completed correction document on or before the deadline set forth in the correction document, the independent contractor shall use the information contained in the correction document to update the applicant’s file on the computer.

     6.  If the applicant submits a correction document that does not contain information sufficient to correct every error in the questionnaire or the correction document is not received by the independent contractor on or before the deadline set forth in the correction document, the questionnaire will be considered incomplete pursuant to subsection 3.

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

      NAC 502.407  Questionnaire with turkey tag: Submission to independent contractor designated by Department; correction; denial and reinstatement of certain privileges. (NRS 501.105, 501.119, 501.181, 502.160)

     1.  Unless otherwise provided by an annual regulation of the Commission, the properly completed questionnaire issued as part of a turkey tag must be received by the independent contractor designated by the Department not later than 5 p.m. on:

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

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

     2.  The Department shall annually designate and publish the name and address of an independent contractor who will receive the questionnaire pursuant to subsection 1.

     3.  A person who fails to return the questionnaire or the information required by the questionnaire within the period specified or who submits incomplete or false information on the questionnaire will be denied all turkey tags for 1 year.

     4.  A person who has been denied a tag pursuant to subsection 3 may have those privileges reinstated if the person:

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

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

     5.  A person who seeks to have privileges reinstated pursuant to the provisions of subsection 4 must perform the actions specified in that subsection not later than 5 p.m. on:

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

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

     6.  The Department shall allow an applicant to correct a questionnaire if:

     (a) The independent contractor receives the questionnaire and enters the information on the questionnaire into the computer;

     (b) The questionnaire contains an error that causes the computer to send to the applicant a letter of rejection and blank correction document; and

     (c) The independent contractor receives the completed correction document on or before the deadline set forth in the correction document.

     7.  If the independent contractor receives the completed correction document on or before the deadline set forth in the correction document, the independent contractor shall use the information contained in the correction document to update the applicant’s file on the computer.

     8.  If the applicant submits a correction document that does not contain information sufficient to correct every error in the questionnaire or the correction document is not received by the independent contractor on or before the deadline set forth in the correction document, the questionnaire will be considered incomplete pursuant to subsection 3.

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

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

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

      NAC 502.415  Duck stamps: Price. (NRS 501.105, 501.181, 502.300)

     1.  The prices for state duck stamps are as follows:

     (a) For unexpired stamps, $10; and

     (b) For expired stamps: 

          (1) If a person who is provided electronic documentation by the Department that he or she has paid the fee for a state duck stamp for a license year wishes to obtain an expired state duck stamp for that license year, the person may, within 30 days after the expiration of that license year, obtain such a stamp from the Department free of charge; or

          (2) If a person wishes to purchase a mint stock stamp from the Department, the face value of the mint stock stamp.

     2.  As used in this section, “mint stock stamp” means an expired and unvalidated state duck stamp that is available for sale to a collector, company, organization or institution involved in secondary market sales of duck stamps.

     (Added to NAC by Bd. of Wildlife Comm’rs, eff. 4-18-90; A by R137-03, 1-20-2004, eff. 3-1-2004; R011-10, 6-30-2010)

REVISER’S NOTE.

      The regulation of the Board of Wildlife Commissioners filed with the Secretary of State on June 30, 2010 (LCB File No. R011-10), which amended this section, contains the following provisions not included in NAC:

      “Notwithstanding the amendatory provisions of section 1 of this regulation [NAC 502.415], a person who was provided documentation by the Department of Wildlife that he or she had paid the fee for a state duck stamp for the license year which ended on February 28, 2010, may apply for the issuance of an expired state duck stamp for that license year free of charge by submitting a form provided by the Department for that purpose at the main office of the Department. The form must be submitted on or before the date specified by the Department on the form.”

 

General Procedure for Awarding Tags and Bonus Points

      NAC 502.416  “Department” defined. (NRS 501.105, 501.181)  As used in NAC 502.416 to 502.4225, inclusive, unless the context otherwise requires, “Department” includes any independent contractor of the Department acting on behalf of and under the direction of the Department and the agents and employees of the independent contractor.

     (Added to NAC by Bd. of Wildlife Comm’rs, eff. 10-26-93; A by R168-99, 1-19-2000; R229-03, 3-23-2004; R040-09, 10-27-2009; R051-11, 3-9-2012)

      NAC 502.417  Applicability. (NRS 501.105, 501.181, 502.160)  Except as otherwise provided in this chapter, the provisions of NAC 502.416 to 502.4225, inclusive, apply to the processing of:

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

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

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

      NAC 502.4175  Application for tag or bonus point; fees. (NRS 501.105, 501.181, 502.030, 502.160)

     1.  A person desiring to obtain a tag or a bonus point without the opportunity to obtain a tag must apply to the Department on a form provided by the Department that includes spaces for the applicant to:

     (a) Specify his or her name, address and date of birth;

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

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

     (d) Sign the application or, if the application is submitted electronically, acknowledge the affidavit that is included in the application provided by the Department.

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

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

     4.  An application must include the applicant’s social security number, or a unique number will be assigned by the Department.

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

     6.  An applicant must obtain a valid hunting license before submitting his or her application for a tag or bonus point, except that an applicant may apply for a hunting license when submitting the application for a tag or bonus point if the applicant is:

     (a) A resident who submits the applications electronically pursuant to subsection 8; or

     (b) A nonresident who submits the applications pursuant to subsection 7 or 8.

     7.  Except as otherwise provided in subsection 8, an application for a tag or bonus point must be accompanied by:

     (a) The appropriate fee for the tag, as provided in NRS 502.250, if the application is for a tag;

     (b) The fee for a hunting license, as provided in NRS 502.240, if the applicant is a nonresident who submits the application for a tag or bonus point and has not obtained a hunting license;

     (c) The habitat conservation fee, as provided in NRS 502.242, if the applicant is a nonresident who submits the application for a tag or bonus point and has not obtained a hunting license;

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

     (e) The applicable fee required pursuant to NAC 502.331 for the Department to act upon the application. The Department shall apply the proceeds of the fee to the cost of processing applications, conducting drawings for tags, awarding bonus points and performing such related activities as the Commission may direct.

     8.  If a resident or nonresident applicant submits the application for a tag or bonus point electronically, the application must be accompanied by:

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

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

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

          (1) A tag and the applicant:

               (I) Has not obtained a hunting license; and

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

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

     (d) The habitat conservation fee, as provided in NRS 502.242, if the application is for:

          (1) A tag and the applicant:

               (I) Has not obtained a hunting license; and

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

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

     (e) The applicable fee required pursuant to NAC 502.331 for the Department to act upon the application. The Department shall apply the proceeds of the fee to the cost of processing applications, conducting drawings for tags, awarding bonus points and performing such related activities as the Commission may direct.

     9.  If an application for a tag specified in subsection 8 is:

     (a) Successfully drawn, the Department shall collect from the applicant:

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

          (2) The fee for a hunting license, as provided in NRS 502.240, if the applicant:

               (I) Has not obtained a hunting license; and

               (II) Indicates on the application that he or she wishes to purchase the hunting license only if his or her application is successfully drawn; and

          (3) The habitat conservation fee, as provided in NRS 502.242, if the applicant:

               (I) Has not obtained a hunting license; and

               (II) Indicates on the application that he or she wishes to purchase the hunting license only if his or her application is successfully drawn; or

     (b) Not successfully drawn, the Department shall collect from the applicant the fee for participating in the Partnership in Wildlife Drawing, as provided in NAC 502.427, if the applicant has indicated on the application that he or she wishes to participate in that drawing.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

      NAC 502.418  Rejection of application. (NRS 501.105, 501.181, 501.337, 502.160, 502.175)

     1.  The Department shall reject an application to obtain a tag or bonus point if any of the following occurs:

     (a) The applicant fails to specify his or her name, date of birth, city or state on the application, unless that information exists in the computer file of the Department, in which case the application must not be rejected if the applicant has specified his or her name and client number.

     (b) The applicant fails to specify or incorrectly specifies on the application the number of his or her hunting license and the year the license was issued, unless that information exists in the computer file of the Department, in which case the application must not be rejected for that reason.

     (c) The applicant fails to specify his or her social security number on the application for a hunting license if:

          (1) The application for a hunting license is included with the application for a tag or bonus point; and

          (2) The Social Security Administration has issued a social security number to the applicant.

     (d) An applicant who is at least 12 years of age but not more than 17 years of age fails to obtain the signature of his or her parent or legal guardian on the application for a hunting license.

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

     (f) The applicant fails to complete the application in a legible manner.

     (g) The applicant fails to sign the application.

     (h) The applicant fails to submit the fees required pursuant to NAC 502.4175 or his or her bank fails to honor the check or draft for those fees.

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

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

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

     (l) The applicant fails to comply with the provisions of NRS 502.330.

     (m) The applicant provides false information on the application.

     (n) The applicant is otherwise ineligible to apply for the tag or bonus point.

     2.  Except as otherwise provided in NAC 502.419, 502.4195 and 502.4197, if an application is rejected by the Department pursuant to this section:

     (a) The application must not be included in the procedure for awarding tags;

     (b) The applicant must not be awarded a bonus point for the bonus point program for the species or the category of the species for which the application was submitted; and

     (c) The nonrefundable application fee for acting upon each application for a tag or bonus point and, if the application is for a tag, the fee required pursuant to NRS 502.253 for the support of programs to control predators and protect wildlife habitat must be retained by the Department.

     3.  If the Department rejects an application pursuant to paragraph (h) of subsection 1 because the applicant failed to submit the fees required pursuant to NAC 502.4175 or the applicant’s bank failed to honor the check or draft for the fees specified in that paragraph, the applicant is ineligible to receive or exercise any privilege conferred upon him or her pursuant to title 45 of NRS until the Department receives:

     (a) The nonrefundable application fee for acting upon the application;

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

     (c) The fee for the returned check or draft specified in NAC 502.119, if the bank failed to honor the check or draft for the fees.

     4.  The Department shall indicate that the applicant owes a fee in the file of the applicant maintained by the Department until the applicant pays all fees owed to the Department.

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

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

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

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

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

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

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

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

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

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

     1.  Residents and nonresidents may apply for tags as one party if they:

     (a) Submit individual applications to obtain tags;

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

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

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

     3.  Except as otherwise provided in this subsection, if any member of a party specifies on his or her application a type of hunt different from that specified by any other member of that party, the applications of each member of that party will be considered solely with respect to the type of hunt and residency for which the Department will issue the most tags in the drawing for which the application is submitted. If any member of a party specifies a junior hunt on his or her application, the applications of each member of that party will be considered solely with respect to the type of hunt, other than a junior hunt, for which the Department will issue the most tags in the drawing for which the application is submitted.

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

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

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

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

     1.  Except as otherwise provided in NAC 502.416 to 502.4225, inclusive, an applicant to obtain a tag for a season who is unsuccessful, or an applicant for a bonus point who does not wish to obtain a tag and is applying for the sole purpose of earning a bonus point, must be awarded a bonus point for:

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

          (1) Tag to hunt wild turkey; or

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

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

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

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

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

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

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

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

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

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

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

     (a) Antlered mule deer;

     (b) Antlerless mule deer;

     (c) Mule deer, either antlered or antlerless;

     (d) Antlered Rocky Mountain elk;

     (e) Antlerless Rocky Mountain elk;

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

     (g) Spike Rocky Mountain elk;

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

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

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

          (1) Nelson bighorn sheep;

          (2) California bighorn sheep; or

          (3) Rocky Mountain bighorn sheep;

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

          (1) Nelson bighorn sheep;

          (2) California bighorn sheep; or

          (3) Rocky Mountain bighorn sheep;

     (l) Mountain goats; or

     (m) Black bears.

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

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

REVISER’S NOTE.

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

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

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

 

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

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

 

n=b2

 

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

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

     3.  An applicant may transfer bonus points to himself or herself as a resident or nonresident of this State, as appropriate, if:

     (a) The applicant changes his or her state of residence;

     (b) The applicant requests in writing that the Department transfer those bonus points; and

     (c) The Department approves the request for the transfer.

Ê Bonus points transferred pursuant to this subsection apply to the same species or category of species to which they applied before the transfer.

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

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

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

REVISER’S NOTE.

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

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

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

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

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

 

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

     2.  If the Director extends the period for applying for a tag pursuant to subsection 1, the Director may also extend the period for applying for a bonus point for the tag for that species or category of species by an equal number of days.

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

     (Added to NAC by Bd. of Wildlife Comm’rs by R051-11, eff. 3-9-2012)

      NAC 502.4197  Correctable errors. (NRS 501.105, 501.181, 502.160)

     1.  The Department shall allow an applicant to correct a correctable error in an application for a tag for the main draw if:

     (a) The Department receives the application and enters the information on the application into the computer;

     (b) The application contains an error that causes the computer to send to the applicant a letter of rejection and blank correction document; and

     (c) The Department receives the completed correction document on or before the deadline set forth in the correction document.

     2.  If the Department receives the completed correction document on or before the deadline set forth in the correction document, the Department shall:

     (a) Use the information contained in the correction document to update the applicant’s file on the computer; and

     (b) Consider the applicant in the procedure for awarding a tag.

     3.  The Department shall not consider an applicant in the procedure for awarding a tag if:

     (a) The applicant submits a correction document that does not contain information sufficient to correct every error in the application; or

     (b) The correction document is not received by the Department on or before the deadline set forth in the correction document.

     4.  As used in this section:

     (a) “Correctable error” means:

          (1) An incorrect or missing date of birth;

          (2) An incorrect, invalid or missing number of a hunting license;

          (3) An incorrect, invalid or missing hunter choice number;

          (4) Failure to specify the species or the category of the species for which the application was submitted;

          (5) Failure of the applicant to specify his or her social security number on the application for a hunting license if:

               (I) The application is included with his or her application for a tag or bonus point; and

               (II) The Social Security Administration has issued a social security number to the applicant;

          (6) Failure to include the proper fee;

          (7) Failure of the applicant to sign the application;

          (8) If the applicant is less than 18 years of age, failure of his or her parent or legal guardian to sign the application; or

          (9) Failure to complete a course in the responsibilities of hunters as required pursuant to NRS 502.330.

     (b) “Main draw” means the draw pursuant to which the greatest number of big game tags are issued to residents and nonresidents.

     (Added to NAC by Bd. of Wildlife Comm’rs by R139-98, eff. 11-13-98; A by R168-99, 1-19-2000; R133-01, 12-17-2001, eff. 1-1-2002; R106-02, 1-21-2003; R137-03, 1-20-2004; R229-03, 3-23-2004)

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

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

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

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

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

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

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

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

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

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

     2.  If the return of tags pursuant to NAC 502.422 or 502.42695 reduces the number of tags awarded for an area and season to less than the quota for that area and season, the Department shall refill the quota by awarding tags:

     (a) First, pursuant to NAC 502.4195, from applications rejected because of an error by the Department; and

     (b) Then from the alternate list, unless there are fewer than 14 business days remaining until the opening day for that season.

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

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

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

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

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

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

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

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

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

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

      NAC 502.4215  Application for tags remaining after issuance of tags by computerized system and alternate list. (NRS 501.105, 501.181, 502.160)  After tags have been issued for a season by using the computerized system of drawing and alternate list, the Department shall provide all eligible hunters with an opportunity to apply for any remaining tags by mail or electronically. The Department shall act upon applications for those tags in the order received. An applicant who is unsuccessful in obtaining a tag pursuant to this section must not be awarded a bonus point for use in any subsequent drawing to award tags.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

     1.  An applicant who fails to obtain a tag may obtain a refund of the fee for his or her hunting license if the license is not a combined hunting and fishing license and the applicant:

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

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

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

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

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

Special Incentive Elk Tags

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

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

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

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

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

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

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

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

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

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

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

          (1) The desire of the landowner applicant; and

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

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

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

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

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

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

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

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

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

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

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

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

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

     2.  If a landowner applicant:

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

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

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

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

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

     1.  The landowner applicant shall:

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

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

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

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

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

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

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

     2.  The Department will:

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

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

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

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

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

 

NP

x

DP

x

NT

NE

 

365

 

 

 

where:

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

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

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

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

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

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

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

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

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

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

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

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

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

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

     (a) During the period indicated on the tag issued pursuant to this section;

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

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

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

      NAC 502.42283  Arbitration panel. (NRS 501.105, 501.181, 502.142, 502.160)

     1.  The Commission may select an arbitration panel from the residents of the county in which an owner applicant resides to:

     (a) Decide a dispute between a landowner applicant and the Department concerning the number of special incentive elk tags that the Department should award; or

     (b) Determine whether a party who possesses a special incentive elk tag has adhered to the terms of the agreement entered into to obtain the tag.

     2.  An arbitration panel must consist of three members to be selected as follows:

     (a) One member representing the local business community.

     (b) One member representing persons actively engaged in the production of agriculture. Persons engaged in the production of agriculture shall, upon request, provide the Board of Wildlife Commissioners with a list of prospective members.

     (c) One member representing either a local hunting or sportsmen’s organization, or the county advisory board to manage wildlife. The county advisory board to manage wildlife shall, upon request, provide a list of prospective members.

     3.  A member of an arbitration panel must be a resident of the county he or she serves.

     4.  The term of office of each member of the panel is 2 years.

     5.  Each arbitration panel shall select a chair from among its members.

     6.  An arbitration panel will be called to serve at the request of the Director or his or her designee.

     7.  Each member of the arbitration panel serves without salary, but may receive the per diem allowance and travel expenses provided for state officers and employees generally while performing official duties of the arbitration panel.

     8.  The arbitration panel shall:

     (a) Review the evidence submitted by a claimant and the Department before making a determination; and

     (b) Render a decision in an expeditious manner, but not later than 20 days after receiving notification to serve on a claim.

     9.  The decision of the arbitration panel is final and binding on the parties if it complies with the provisions of NAC 502.42253 to 502.42283, inclusive, and applicable laws of this State.

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

Restricted Nonresident Deer Tags

      NAC 502.423  Definitions. (NRS 501.105, 501.181, 502.160)  As used in NAC 502.423 to 502.4239, inclusive, unless the context otherwise requires, the words and terms defined in NAC 502.42302 to 502.42307, inclusive, have the meanings ascribed to them in those sections.

     (Added to NAC by Bd. of Wildlife Comm’rs, eff. 10-12-94; A 11-14-97; R054-04, 8-25-2004)

      NAC 502.42302  “Department” defined. (NRS 501.105, 501.181, 502.160)  “Department” has the meaning ascribed to it in NAC 502.416.

     (Added to NAC by Bd. of Wildlife Comm’rs, eff. 11-14-97)

      NAC 502.42303  “Federal land management agency” defined. (NRS 501.105, 501.181, 502.160)  “Federal land management agency” means the United States Forest Service, the United States Bureau of Land Management, the United States Fish and Wildlife Service or the National Park Service.

     (Added to NAC by Bd. of Wildlife Comm’rs by R054-04, eff. 8-25-2004)

      NAC 502.42305  “Restricted nonresident deer hunt” defined. (NRS 501.105, 501.181, 502.160)  “Restricted nonresident deer hunt” has the meaning ascribed to it in NRS 502.146.

     (Added to NAC by Bd. of Wildlife Comm’rs, eff. 11-14-97)

      NAC 502.42306  “Restricted nonresident deer hunter” defined. (NRS 501.105, 501.181, 502.160)  “Restricted nonresident deer hunter” has the meaning ascribed to it in NRS 502.146.

     (Added to NAC by Bd. of Wildlife Comm’rs, eff. 11-14-97)

      NAC 502.42307  “Restricted nonresident deer tag” defined. (NRS 501.105, 501.181, 502.160)  “Restricted nonresident deer tag” has the meaning ascribed to it in NRS 502.146.

     (Added to NAC by Bd. of Wildlife Comm’rs, eff. 11-14-97)

      NAC 502.42309  Applicability. (NRS 501.105, 501.181, 502.160)  The provisions of NAC 502.423 to 502.4239, inclusive, apply to the processing of applications for restricted nonresident deer tags pursuant to NRS 502.146 to 502.149, inclusive.

     (Added to NAC by Bd. of Wildlife Comm’rs, eff. 11-14-97)

      NAC 502.4231  Application for tag; fees. (NRS 501.105, 501.181, 501.337, 502.030, 502.148, 502.160, 502.175, 502.250)

     1.  A person who wishes to obtain a restricted nonresident deer tag must apply to the Department on a form provided by the Department which includes spaces, boxes or lines for the applicant to:

     (a) Specify his or her name, address and date of birth;

     (b) Select not more than five hunter choice numbers; and

     (c) Except as otherwise provided in subsection 3, sign the application.

     2.  A person who desires to be placed on an alternate list pursuant to NAC 502.4238 must apply electronically to the Department to obtain a tag and must indicate on the electronic application his or her desire to be placed on an alternate list.

     3.  If an application is submitted electronically by a master guide for the applicant, the application must include a space, box or line for the master guide to acknowledge the affidavit that:

     (a) Is included in the application provided by the Department;

     (b) Indicates that the master guide has power of attorney to sign the application on behalf of the applicant; and

     (c) Indicates whether the master guide will be guiding on federally administered public lands and, if so, indicates that the master guide possesses a valid special use permit issued by the federal land management agency having jurisdiction within the wildlife management area or unit for which the applicant is applying.

     4.  The Commission will establish the seasons and quotas for a restricted nonresident deer hunt, and the method for submission and, except as otherwise provided in NAC 502.4196, the deadline for receipt of applications.

     5.  A valid hunting license issued by the Department must be obtained by the applicant before submitting an application, except that an applicant may apply for a hunting license at the time he or she submits the application. Except as otherwise provided in subsection 6, the application must be accompanied by:

     (a) The appropriate fee for the tag, as provided in NRS 502.148;

     (b) If the applicant has not obtained a valid hunting license issued by the Department, the fee for the hunting license, as provided in NRS 502.240, and the habitat conservation fee, as provided in NRS 502.242;

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

     (d) The appropriate fee required pursuant to NAC 502.331, which must be applied by the Department to the cost of processing applications, conducting drawings for tags and for performing other related activities as directed by the Commission.

     6.  If the application is submitted electronically, the application must be accompanied by:

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

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

     (c) The appropriate fee required pursuant to NAC 502.331, which must be applied by the Department to the cost of processing applications, conducting drawings for tags and for performing other related activities as directed by the Commission;

     (d) The fee for a hunting license, as provided in NRS 502.240, if the applicant:

          (1) Has not obtained a hunting license; and

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

     (e) The habitat conservation fee, as provided in NRS 502.242, if the applicant:

          (1) Has not obtained a hunting license; and

          (2) Indicates on the application that he or she wishes to purchase the hunting license regardless of whether his or her application is successfully drawn.

     7.  If an application for a tag specified in subsection 6 is successfully drawn, the Department shall collect from the applicant:

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

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

          (1) Has not obtained a hunting license; and

          (2) Indicates on the application that he or she wishes to purchase the hunting license only if his or her application is successfully drawn; and

     (c) The habitat conservation fee, as provided in NRS 502.242, if the applicant:

          (1) Has not obtained a hunting license; and

          (2) Indicates on the application that he or she wishes to purchase the hunting license only if his or her application is successfully drawn.

     8.  All fees submitted with an application must be paid by:

     (a) A cashier’s check;

     (b) A certified check;

     (c) A money order; or

     (d) If the application is submitted electronically, an electronic method of payment that is specified by the Department.

     9.  The Department and its agents or employees shall not:

     (a) Amend or otherwise alter an application to obtain a restricted nonresident deer tag.

     (b) Issue a restricted nonresident deer tag to an applicant who fails to submit the fees required pursuant to this section.

     (Added to NAC by Bd. of Wildlife Comm’rs, eff. 10-12-94; A by R139-98, 11-13-98; R168-99, 1-19-2000; R133-01, 12-17-2001, eff. 1-1-2002; R137-03, 1-20-2004, eff. 3-1-2004; R054-04, 8-25-2004; R155-09, 4-20-2010; R051-11, 3-9-2012; R159-12, 12-20-2012)

      NAC 502.4233  Master guide: License; special use permit. (NRS 501.105, 501.181, 502.148, 502.149)  At the time an application for a nonresident deer tag is submitted, the master guide who will accompany the restricted nonresident deer hunter on the restricted nonresident deer hunt must:

     1.  Be licensed by the Department to provide guide services related to deer hunting in the wildlife management area or unit for which the applicant is applying; and

     2.  If applicable, possess a valid special use permit required by the federal land management agency having jurisdiction within the wildlife management area or unit for which the applicant is applying.

     (Added to NAC by Bd. of Wildlife Comm’rs, eff. 10-12-94; A by R054-04, 8-25-2004)

      NAC 502.4235  Rejection of application for tag. (NRS 501.105, 501.181, 501.337, 502.148, 502.160, 502.175)

     1.  The Department shall reject an application for a restricted nonresident deer tag if:

     (a) The applicant fails to specify his or her name, date of birth, city or state on the application, unless that information exists in the computer file of the Department, in which case the application must not be rejected if the applicant has specified his or her name and client number.

     (b) The applicant fails to specify or incorrectly specifies on the application the number of his or her hunting license and the year the license was issued, unless that information exists in the computer file of the Department, in which case the application must not be rejected for that reason.

     (c) The applicant fails to specify his or her social security number on the application for a hunting license if:

          (1) The application for a hunting license is included with the application for a tag; and

          (2) The Social Security Administration has issued a social security number to the applicant.

     (d) An applicant who is at least 12 years of age but not more than 17 years of age fails to obtain the signature of his or her parent or legal guardian on the application for a hunting license.

     (e) The applicant fails to specify a valid hunter choice number on the application. If the applicant specifies valid and invalid numbers, the Department shall accept the application for the valid numbers only.

     (f) The applicant fails to complete the application in a legible manner.

     (g) The applicant or the master guide fails to sign the application.

     (h) The applicant fails to submit the fees required pursuant to NAC 502.4231 or his or her bank fails to honor the check or draft for those fees.

     (i) The applicant fails to complete and return the questionnaire required pursuant to NAC 502.4239, unless, on or before the deadline set forth in that section for the year in which the application is submitted, he or she pays the applicable administrative fine and submits the properly completed questionnaire issued as part of the tag or the information required by the questionnaire.

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

     (k) The applicant fails to comply with the provisions of NRS 502.330.

     (l) The master guide named in the application:

          (1) Is not licensed for each wildlife management area or unit named in the application;

          (2) Fails to specify or incorrectly specifies on the application the number of his or her current master guide license; or

          (3) If applicable, does not possess a valid special use permit required by the federal land management agency having jurisdiction within the wildlife management area or unit for which the applicant is applying.

     (m) The applicant or master guide provides any false information on the application.

     (n) The applicant and the master guide named in the application are the same person.

     (o) The applicant holds a license as a subguide issued by the Department which authorizes the applicant to guide for deer in the wildlife management area or unit for which he or she is applying for a restricted nonresident deer tag.

     (p) The applicant is otherwise ineligible to apply for the tag.

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

     2.  Except as otherwise provided in NAC 502.42375 and 502.42377, if an application is rejected by the Department pursuant to this section, the application must not be included in the procedure for awarding tags.

     3.  If the Department rejects an application pursuant to paragraph (h) of subsection 1 because the applicant’s bank failed to honor the check or draft for the fees specified in that paragraph, the applicant is ineligible to receive or exercise any privilege conferred upon him or her pursuant to title 45 of NRS until the Department receives:

     (a) The nonrefundable application fee for acting upon the application;

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

     (c) The fee for the returned check or draft specified in NAC 502.119. The Department shall, until the fee is paid, indicate that the applicant owes the fee in the file of the applicant maintained by the Department.

     (Added to NAC by Bd. of Wildlife Comm’rs, eff. 10-12-94; A 1-19-96; 5-7-96; 3-13-97; 11-14-97; R139-98, 11-13-98; R168-99, 1-19-2000; R133-01, 12-17-2001, eff. 1-1-2002; R025-03, 10-30-2003; R137-03, 1-20-2004; R054-04, 8-25-2004; R117-07, 12-4-2007; R155-09, 4-20-2010; R051-11, 3-9-2012)

      NAC 502.4236  Members of party: Effect of rejection of application of one member. (NRS 501.105, 501.181, 502.148, 502.160)

     1.  If the Department is required pursuant to NAC 502.4235 to reject an application submitted by a member of a party, the Department is not required to reject the applications of the other members of the party unless the ground for rejecting that application also applies to the other applications.

     2.  As used in this section, “party” means two or more persons who apply as a group for tags for a restricted nonresident deer hunt.

     (Added to NAC by Bd. of Wildlife Comm’rs, eff. 11-14-97)

      NAC 502.4237  Drawing for tags: Notification; restrictions. (NRS 501.105, 501.181, 502.147, 502.160)

     1.  If the Department conducts a drawing for the issuance of nonresident deer tags pursuant to the provisions of NRS 502.147, the Department shall provide to the master guides specified on the applications submitted notification by mail of the date, time and location of the drawing.

     2.  Not more than 30 successfully drawn applications for restricted nonresident deer tags upon which the same master guide is named may be granted by the Department. If 30 such applications have been approved by the Department, the Department shall deny all applications submitted which exceed that number.

     3.  An applicant who submits an application pursuant to this subsection may not apply for a nonresident deer tag in the main draw in the same year.

     (Added to NAC by Bd. of Wildlife Comm’rs, eff. 10-12-94; A 1-19-96; R137-03, 1-20-2004; R156-05, 2-23-2006, eff. 1-1-2007)

      NAC 502.42371  Computerized system of drawing; bonus point program. (NRS 501.105, 501.181, 502.147, 502.160)

     1.  The Department shall award restricted nonresident deer tags through a random order of selection conducted pursuant to a computerized system of drawing. The selection must begin with a number established by the hours, minutes, seconds and hundredths of a second set forth on the computer’s clock immediately before commencing the drawing.

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

     (Added to NAC by Bd. of Wildlife Comm’rs, eff. 11-14-97)

      NAC 502.42372  Bonus points: Award and accumulation. (NRS 501.105, 501.181, 502.147, 502.160)

     1.  Except as otherwise provided in NAC 502.423 to 502.4239, inclusive, an applicant for a tag for a restricted nonresident deer hunt who is unsuccessful must be awarded a bonus point for the category of the species for which the application was submitted.

     2.  The bonus points awarded to a person for a restricted nonresident deer hunt accumulate until he or she draws a restricted nonresident deer tag or any other nonresident deer tag for the same category of a species or fails to apply for such a tag for 2 consecutive calendar years during which a nonresident deer hunt for that category of the species is open. If an applicant is successful in drawing a tag for a restricted nonresident deer hunt or any other nonresident deer tag for that category of the species or fails to apply for such a tag for 2 consecutive calendar years during which a nonresident deer hunt for that category of the species is open, the applicant loses all of the bonus points he or she accumulated for that category of the species.

     (Added to NAC by Bd. of Wildlife Comm’rs, eff. 11-14-97; A by R168-99, 1-19-2000; R010-00, 4-3-2000)

      NAC 502.42373  Bonus points: Use; nontransferability; application by group of persons. (NRS 501.105, 501.181, 502.147, 502.160)

     1.  For seasons for deer, each applicant in a drawing for a restricted nonresident deer tag receives a number of additional draw numbers equal to the number of bonus points that he or she has accumulated squared, as expressed in the following equation:

 

n=b2

 

where “n” is the number of additional draw numbers and “b” is the number of bonus points. The number of additional draw numbers determines the number of draw numbers for that season for deer. The applicant’s lowest randomly assigned draw number is the number used for the drawing.

     2.  The bonus points accumulated by a person for a restricted nonresident deer hunt may not be transferred to any other person or applied to any other season.

     3.  The number of bonus points applicable to an application submitted by a group of persons applying as a party for restricted nonresident deer tags is the quotient of the total number of points held by the members of the group divided by the number of members in the group, rounded to the nearest whole number.

     (Added to NAC by Bd. of Wildlife Comm’rs, eff. 11-14-97; A by R040-98, 5-27-98; R137-03, 1-20-2004)

      NAC 502.42375  Third-party errors. (NRS 501.105, 501.181, 502.147, 502.148, 502.160)

     1.  The Department is not responsible for third-party errors, including errors committed by a bank or postal service. If an applicant for a restricted nonresident deer tag proves to the satisfaction of the Department that the rejection of his or her application was due solely to a third-party error, and there is sufficient time to complete the processing of the application before the drawing for the tags is held, the Department shall include the application in that drawing.

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

     3.  As used in this section, “third-party error” means the failure to act or commission of an act, by a person or entity other than the Department or an applicant which is a ground for the rejection of an application pursuant to NAC 502.4235.

     (Added to NAC by Bd. of Wildlife Comm’rs, eff. 11-14-97)

      NAC 502.42377  Error by Department. (NRS 501.105, 501.181, 502.147, 502.148, 502.160)

     1.  If the Department commits an error which results in the rejection or incorrect processing of an application for a restricted nonresident deer tag that has been submitted in compliance with the regulations of the Commission, the Department shall, if there are tags available for that hunt, issue a tag to the applicant. If no tags are available for that hunt, the Department shall award the applicant a bonus point for the category of the species for which the application was submitted. The bonus point is not effective until the next drawing for a nonresident deer hunt for that category of the species and expires upon the expiration of the period for submission of applications for that type of hunt in the next open season.

     2.  If the application was one of two or more applications submitted by a group of persons applying as a party for restricted nonresident deer tags, the Department shall treat the applicant in the same manner as the remaining members of his or her party.

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

      NAC 502.4238  Cancellation of tag; refunds; loss of master guide; generation of alternate list; procedure to refill quota. (NRS 501.105, 501.181, 502.148, 502.149, 502.160, 502.250)

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

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

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

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

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

Ê and the tag is received by the Department at least 1 business day before the opening day of the season for which the tag was issued. If the holder obtained his or her hunting license with the tag, the hunting license must be returned with the tag. The Department shall mail the refund within 90 days after the Department receives the tag and the hunting license, if any.

     3.  If the master guide of a holder of a restricted nonresident deer tag dies or is no longer able to provide guide services due to medical reasons, because he or she has failed to renew his or her master guide license or the license has been revoked, the holder of the tag for whom guide service was to be performed by the master guide may apply to the Department for a refund or may retain another master guide who is licensed for the area or unit specified on the tag. Before another master guide may render services as a master guide for the holder of the tag, and before the holder may participate in the restricted nonresident deer hunt for which the tag was issued, the holder of the tag must provide written notification to the Department that he or she has retained another master guide. The written notification must include:

     (a) The reasons for retaining the services of another master guide;

     (b) The signatures of the holder of the tag and the new master guide and the date on which the written notification was signed; and

     (c) The number of the master guide license of the newly retained master guide.

     4.  If the Department provides a refund pursuant to this section, the Department shall return all the fees submitted with the application for the tag except the fee required pursuant to paragraph (c) or (d) of subsection 5 of NAC 502.4231.

     5.  If the Department provides a refund to a holder of a restricted nonresident deer tag pursuant to paragraph (b) or (c) of subsection 2 or subsection 3, the Department shall award a bonus point to the holder for the category of the species to which the restricted nonresident deer tag applied.

     6.  The Department shall cause the computer to generate an alternate list for restricted nonresident deer tags after the drawing for a hunt is complete. An alternate list must consist solely of each applicant who indicated on his or her electronic application pursuant to subsection 2 of NAC 502.4231 a desire to be placed on the list. Even if the first person selected for an alternate list has the same drawing number as the last person selected to receive a tag in the drawing, the Department shall accept those selections as final.

     7.  If the return of restricted nonresident deer tags pursuant to this section or for any other reason reduces the number of tags awarded for an area and season to less than the quota for that area and season, the Department shall refill the quota by awarding tags:

     (a) First, pursuant to NAC 502.42377, from applications rejected because of an error by the Department; and

     (b) Then from the alternate list, unless there are fewer than 14 business days remaining until the opening day for the restricted nonresident deer hunt.

     8.  Except as otherwise provided in subsection 9, in awarding restricted nonresident deer tags from an alternate list, the Department shall issue the tag to the eligible applicant on the list who:

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

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

     9.  If the Department is unable to collect any fee that is required to be submitted with an application for a hunting license or restricted nonresident deer tag because the method of payment is rejected during the processing of the fee for the license or restricted nonresident deer tag, the Department shall, if more than 14 business days remain until the opening day for the restricted nonresident deer hunt and if the master guide designated on the application for the restricted nonresident deer tag is not named on more than 30 successfully drawn applications pursuant to NAC 502.4237, select an eligible applicant from the alternate list for the restricted nonresident deer hunt who:

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

     (b) Indicated as his or her first choice the area and season for which the quota for the restricted nonresident deer hunt is being filled.

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

     (Added to NAC by Bd. of Wildlife Comm’rs, eff. 10-12-94; A 11-14-97; R168-99, 1-19-2000; R133-01, 12-17-2001, eff. 1-1-2002; R155-09, 4-20-2010; R159-12, 12-20-2012)

      NAC 502.4239  Questionnaire: Completion and submission to independent contractor designated by Department; correction; denial and reinstatement of certain privileges. (NRS 501.105, 501.119, 501.181, 502.160)

     1.  Unless otherwise provided by an annual regulation of the Commission, the questionnaire issued as part of a restricted nonresident deer tag must be properly completed and received by the independent contractor designated by the Department not later than 5 p.m. on January 31, or the next business day if January 31 falls on a weekend or state holiday, following the close of the season for which the tag was issued.

     2.  The Department shall annually designate and publish the name and address of an independent contractor who will receive the questionnaire pursuant to subsection 1.

     3.  A person who fails to return the questionnaire within the time specified or who submits incomplete or false information on the questionnaire will be denied all big game tags for 1 year. A person who has been denied a big game tag pursuant to this subsection may have those privileges reinstated if he or she:

     (a) Using a postal service:

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

          (2) Submits to the independent contractor designated by the Department the properly completed questionnaire issued as part of the restricted nonresident deer tag or the information required by the questionnaire, all of which must be received by the third Friday in March;

     (b) Together with an application that is submitted electronically for a restricted nonresident deer tag:

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

          (2) Submits to the independent contractor designated by the Department the properly completed questionnaire issued as part of the restricted nonresident deer tag or the information required by the questionnaire on or before the deadline for the application for the restricted nonresident deer hunt drawing; or

     (c) Together with an application that is submitted electronically for a big game tag in the main drawing:

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

          (2) Submits to the independent contractor designated by the Department the properly completed questionnaire issued as part of the big game tag or the information required by the questionnaire on or before the deadline for the application for the main draw.

     4.  The Department shall allow an applicant to correct a questionnaire if:

     (a) The independent contractor receives the questionnaire and enters the information on the questionnaire into the computer;

     (b) The questionnaire contains an error that causes the computer to send to the applicant a letter of rejection and blank correction document; and

     (c) The independent contractor receives the completed correction document on or before the deadline set forth in the correction document.

     5.  If the independent contractor receives the completed correction document on or before the deadline set forth in the correction document, the independent contractor shall use the information contained in the correction document to update the applicant’s file on the computer.

     6.  If the applicant submits a correction document that does not contain information sufficient to correct every error in the questionnaire or the correction document is not received by the independent contractor on or before the deadline set forth in the correction document, the questionnaire will be considered incomplete pursuant to subsection 3.

     (Added to NAC by Bd. of Wildlife Comm’rs, eff. 10-12-94; A by R025-03, 10-30-2003; R117-07, 12-4-2007)

Damage Compensation Tags

      NAC 502.424  Definitions. (NRS 501.105, 501.181, 502.145, 502.160)  As used in NAC 502.424 to 502.4268, inclusive, unless the context otherwise requires:

     1.  “Damage” means a change, caused by deer or antelope, in the quality or quantity of private property that, at the time the Department inspects the private property, is planted, irrigated or otherwise cultivated to produce a harvestable crop.

     2.  “Damage compensation tag” means a special deer or antelope tag issued to an owner applicant for his or her own use, or for use by a hunter designated by the owner applicant, as compensation for damage to his or her land or to improvements on his or her land which is caused by deer or antelope.

     3.  “Owner applicant” means:

     (a) The owner of private land, as identified in the deed of the private land which is recorded with the county recorder of the county in which the property is located, who claims that his or her private land was damaged by deer or antelope; or

     (b) A person who has obtained written authorization from the owner described in paragraph (a) to represent the owner regarding matters concerning damage compensation tags before the Department, including, without limitation, a lessee or manager of the private land.

     (Added to NAC by Bd. of Wildlife Comm’rs, eff. 7-16-92; A 10-26-93, eff. 10-1-93; 11-29-95; R113-01, 12-17-2001; R030-06, 6-1-2006)

      NAC 502.4242  “Any holder of a valid Nevada hunting license” interpreted. (NRS 501.105, 501.181, 502.145, 502.160)  For the purposes of subsection 4 of NRS 502.145, the Commission will interpret “any holder of a valid Nevada hunting license” to mean a person who currently holds a valid Nevada hunting license and who has not had any hunting privileges limited or revoked pursuant to NRS 502.330 or 503.185, or NAC 502.405, or a similar statute or regulation of another state.

     (Added to NAC by Bd. of Wildlife Comm’rs, eff. 7-16-92)

      NAC 502.4244  Ineligible persons. (NRS 501.105, 501.181, 502.145, 502.160)

     1.  The following persons are not eligible for damage compensation tags:

     (a) An owner applicant who feeds or baits deer or antelope to attract the animals onto his or her land; and

     (b) An owner applicant who sustains damage which is a covered loss pursuant to a policy of insurance.

     2.  An employee of the Department and his or her family may not purchase or use a damage compensation tag resulting from a complaint serviced directly by the employee.

     (Added to NAC by Bd. of Wildlife Comm’rs, eff. 7-16-92; A 11-29-95)

      NAC 502.4246  Requirements for eligibility; requests regarding damage to separate locations. (NRS 501.105, 501.181, 502.145, 502.160)

     1.  To be eligible for the issuance of a damage compensation tag, an owner applicant must:

     (a) Have sustained damage to his or her private property caused by deer or antelope;

     (b) In accordance with the requirements set forth in NAC 502.4252, notify the Department of any damage within 10 days after discovering it;

     (c) Enter into a cooperative agreement with the Department which complies with the requirements set forth in NAC 502.4248;

     (d) Submit an application for a damage compensation tag which includes, without limitation:

          (1) A form which sets forth any proof of the damage claimed by the owner applicant;

          (2) A map which identifies the location on the private land at which the owner applicant will provide access to public land, if applicable; and

          (3) The cooperative agreement entered into with the Department which is signed by the owner applicant and the Department;

     (e) Cooperate with the Department in inspecting the damage and formulating a plan to prevent or mitigate the damage;

     (f) Mitigate damages where possible and not feed or bait deer or antelope to attract the animals onto his or her land;

     (g) Comply with the requirements of NAC 502.424 to 502.4268, inclusive.

     2.  A separate application must be made, and a separate cooperative agreement must be entered into, for each request for one or more damage compensation tags made with regard to each separate location on the property of the owner applicant at which damage was sustained.

     (Added to NAC by Bd. of Wildlife Comm’rs, eff. 7-16-92; A 11-29-95; R010-00, 4-3-2000; R030-06, 6-1-2006)

      NAC 502.4248  Cooperative agreement with Department. (NRS 501.105, 501.181, 502.145, 502.160)

     1.  A cooperative agreement entered into pursuant to NAC 502.4246 must provide that:

     (a) If the owner applicant’s private land is adjacent to public land for which access is not available except through the private land, the owner applicant shall provide access to the public land during the hunting season to a person or hunting party with a tag for the purpose of hunting on the public land. The access may be at a specified location or locations as mutually agreed upon by the owner applicant and the Department and must be identified on the map provided by the Department which is required to be submitted with the application for a damage compensation tag pursuant to subparagraph (2) of paragraph (d) of subsection 1 of NAC 502.4246.

     (b) When the Department receives a notice from the owner applicant, the Department agrees to act expeditiously to:

          (1) Consult with the owner applicant;

          (2) Assess the cause of damage;

          (3) Conduct a count of any depredating animals; and

          (4) Recommend a course of action to mitigate damages.

     (c) The owner applicant agrees to:

          (1) Consult with the Department and consider its technical advice; and

          (2) Allow a representative of the Department to enter his or her property at times mutually agreed upon to:

               (I) Inspect the property;

               (II) Assess the cause of damage;

               (III) Count the number of any depredating animals; and

               (IV) Prevent further damage by any method the Department deems to be necessary, including, but not limited to, hazing, hunting, shooting and scaring.

     2.  If the owner applicant stops or attempts to stop any hunter holding a tag from entering or crossing his or her private land in violation of paragraph (a) of subsection 1 before the expiration of the agreement, the Department must refuse to issue any damage compensation tags to the owner applicant for 1 year.

     (Added to NAC by Bd. of Wildlife Comm’rs, eff. 7-16-92; A 10-26-93, eff. 10-1-93; 11-29-95; R113-01, 12-17-2001; R030-06, 6-1-2006)

      NAC 502.4252  Notice of damage; inspection of property; assessment and proof of damage. (NRS 501.105, 501.181, 502.145, 502.160)

     1.  A notice of damage submitted to the Department pursuant to paragraph (b) of subsection 1 of NAC 502.4246 must include, without limitation, the following information:

     (a) The name and any contact information of the owner applicant;

     (b) The location of the private land and any name or other description of the private land;   

     (c) The date on which the damage was discovered; and

     (d) A description of the damage caused to the private land, including, without limitation, the estimated number of animals, designated by each species of animal, that caused the damage.

     2.  Within 10 days after the Department receives a notice of damage, the Department shall inspect the property claimed to have been damaged.

     3.  After the inspection by the Department pursuant to subsection 2:

     (a) The Department shall:

          (1) Consult with the owner applicant;

          (2) Assess the cause of damage; and

          (3) Conduct a count of the number of any depredating animals during the period of the day in which each species of any depredating animal is the most active.

     (b) The Department and the owner applicant shall complete a form provided by the Department which sets forth any proof of damage.

     (Added to NAC by Bd. of Wildlife Comm’rs, eff. 7-16-92; A by R030-06, 6-1-2006)

      NAC 502.4258  Formulation and implementation of plan to prevent or mitigate damage. (NRS 501.105, 501.181, 502.145, 502.160)

     1.  After property that is claimed to have been damaged is inspected pursuant to NAC 502.4252, the Department and the owner applicant shall formulate a plan, if possible, to prevent or mitigate damage caused by the deer or antelope, including, but not limited to:

     (a) Hazing and scaring;

     (b) Erecting exclusionary devices;

     (c) Issuing special depredation or emergency depredation hunt tags; or

     (d) Removing the animals that are causing the damage.

     2.  Each owner applicant shall implement the plan formulated pursuant to subsection 1, where possible, by exercising reasonable care and diligence to minimize or lessen damage.

     (Added to NAC by Bd. of Wildlife Comm’rs, eff. 7-16-92; A by R030-06, 6-1-2006)

      NAC 502.426  Issuance, validity, contents and use of tags; fees; reissuance of application; appeal of denial of application. (NRS 501.105, 501.181, 502.145, 502.160, 502.250)

     1.  If the owner applicant enters into a cooperative agreement with the Department and the Department approves the application for a damage compensation tag, the owner applicant is eligible for the issuance of one or more damage compensation tags pursuant to subsection 2.

     2.  An owner applicant is eligible for the issuance of:

     (a) One damage compensation tag for deer for each 50 deer that caused damage to his or her property; and

     (b) One damage compensation tag for antelope for each 50 antelope that caused damage to his or her property.

     3.  If the Department issues a damage compensation tag, the tag is valid for use in the calendar year after the calendar year in which the application was submitted.

     4.  The unit or units within a management area or areas for which the Department issues a damage compensation tag must be limited to the unit or units within the management area or areas in which the damaged property is located.

     5.  The Department shall indicate on each damage compensation tag it issues:

     (a) The period or periods during the calendar year for which the tag is valid, which must be limited to the hunting season or seasons, other than a hunting season for a tag issued pursuant to subsection 5 of NRS 502.250, established by the Commission for antlered mule deer or antelope with horns longer than their ears, as appropriate for the species to which the tag applies, in the unit or units within the management area or areas in which the damaged property is located and for which the tag is valid; and

     (b) The unit or units within the management area or areas in which the damaged property is located and for which the tag is valid.

     6.  A person possessing a valid damage compensation tag may hunt only:

     (a) During the period or periods indicated by the Department on the tag, as established by the Commission;

     (b) With the type of weapon designated for the type of hunt to which each such period applies, as established by the Commission; and

     (c) In the unit or units within the management area or areas established by the Commission:

          (1) In which the damaged property is located; and

          (2) For which the tag is valid.

     7.  Damage compensation tags will only be issued to owner applicants and sold to hunters through the headquarters of the Department.

     8.  The fee charged for a damage compensation tag will include:

     (a) A fee of $50 for each such tag;

     (b) A license fee based on the status of the hunter as a resident or nonresident; and

     (c) The fee specified in NAC 502.331 for acting upon each application for a tag.

     9.  If the Department provides a refund for a cancelled tag under the conditions set forth in NAC 502.422, the Department may reissue an application for a damage compensation tag to the owner applicant.

     10.  If the Department denies an application for a damage compensation tag, the owner applicant may appeal the decision to the Commission within 10 days after the Department notifies the owner applicant of the decision. A request for an appeal pursuant to this subsection must be submitted in writing to the Secretary of the Commission. As soon as practicable after receiving such a request, the Chair of the Commission will appoint a panel consisting of not less than two members of the Commission to consider the appeal. The panel shall notify the Commission in writing of its determination. If the panel is unable to make a determination, the Commission will appoint another panel to consider the appeal in accordance with this subsection. The determination of a panel appointed pursuant to this subsection is a final decision for the purposes of judicial review.

     (Added to NAC by Bd. of Wildlife Comm’rs, eff. 7-16-92; A 10-26-93, eff. 10-1-93; 11-29-95; R168-99, 1-19-2000; R113-01, 12-17-2001; R107-02, 1-21-2003; R030-06, 6-1-2006)

      NAC 502.4266  Request for additional tags: Prerequisites and procedure; effect of approval. (NRS 501.105, 501.181, 502.145, 502.160)

     1.  If the damage to an owner applicant’s property is ongoing and the number of deer or antelope causing the damage is increasing, the owner applicant may amend the proof of damage form which he or she filed with the Department pursuant to subparagraph (1) of paragraph (d) of subsection 1 of NAC 502.4246 to increase the number of damage compensation tags being requested.

     2.  If the owner applicant’s request for additional damage compensation tags is approved by the Department, the owner applicant is entitled to one or more additional damage compensation tags in accordance with the provisions of NAC 502.426.

     (Added to NAC by Bd. of Wildlife Comm’rs, eff. 7-16-92; A 10-26-93, eff. 10-1-93; 11-29-95; R030-06, 6-1-2006)

      NAC 502.4268  Receipt of tags: Effect on eligibility for general hunts; no limitation on number. (NRS 501.105, 501.181, 502.145, 502.160)

     1.  A person’s eligibility to receive a tag for the general hunt for antelope or deer is not affected by his or her acquisition of a damage compensation tag.

     2.  There is no limitation on the number of damage compensation tags that a person may acquire, if he or she is otherwise eligible for the tags.

     (Added to NAC by Bd. of Wildlife Comm’rs, eff. 7-16-92)

Dream Tags

      NAC 502.4269  “Private entity” defined. (NRS 502.219)  As used in NAC 502.4269 to 502.42696, inclusive, “private entity” means a private entity that enters into a contract pursuant to paragraph (b) of subsection 3 of NRS 502.219 to sell chances to win Dream Tags, conduct any required drawing for Dream Tags and issue Dream Tags.

     (Added to NAC by Dep’t of Wildlife by R110-11, eff. 3-9-2012)

      NAC 502.42691  Price. (NRS 502.219)  The price for each Dream Tag that the Department sells to a nonprofit organization pursuant to subsection 3 of NRS 502.219 will be an amount that is equal to the fee listed in subsection 1 of NRS 502.250 for the tag for the species for which the Dream Tag will be issued.

     (Added to NAC by Dep’t of Wildlife by R110-11, eff. 3-9-2012)

      NAC 502.42692  Resource enhancement stamps. (NRS 502.219)

     1.  At the time a resource enhancement stamp is purchased pursuant to NRS 502.222, the purchaser shall identify the person for whom the stamp is being purchased by providing:

     (a) The client number of the person; or

     (b) Any other identifying information of the person specified by the Department.

     2.  A person identified pursuant to subsection 1 is not obligated to purchase a chance to win a Dream Tag raffle.

     3.  A person identified pursuant to subsection 1 is the only person:

     (a) For whom a chance to win a Dream Tag raffle may be purchased under that resource enhancement stamp; or

     (b) Who may be a recipient of a Dream Tag via that raffle.

     4.  A resource enhancement stamp is valid:

     (a) From the date the stamp is issued until the last day of the next succeeding June; or

     (b) From the first day of July immediately after the date the stamp is issued until the last day of the next succeeding June,

Ê as specified on the stamp.

     5.  Any money paid for a chance to win a Dream Tag raffle pursuant to paragraph (a) of subsection 3 of NRS 502.219 is not refundable.

     6.  At the time a chance to win a Dream Tag raffle is purchased, the purchaser shall specify:

     (a) The species for which he or she wishes to obtain a Dream Tag; and

     (b) Whether or not the recipient of the raffle chance wishes to be an alternate recipient pursuant to subsection 2 of NAC 502.42693.

     (Added to NAC by Dep’t of Wildlife by R110-11, eff. 3-9-2012; A by Bd. of Wildlife Comm’rs by R159-12, 12-20-2012)

      NAC 502.42693  Procedure if winner of Dream Tag raffle declines Tag or if recipient returns Tag to private entity. (NRS 502.219)

     1.  If the winner of a Dream Tag raffle declines to accept the Dream Tag awarded to him or her, the private entity conducting the raffle shall not select an alternate recipient or issue the Dream Tag.

     2.  If the recipient of a Dream Tag returns the Dream Tag and it is received by the private entity not later than 14 business days before the first day of the open season for the species for which the Dream Tag was issued, the private entity shall issue the Dream Tag to the holder of the raffle chance with the drawing number with the next highest priority for that species and for whom a desire to be an alternate recipient was specified pursuant to subsection 6 of NAC 502.42692.

     3.  In issuing a Dream Tag pursuant to subsection 2, the private entity shall attempt to notify the holder of the chance to win the Dream Tag raffle with the drawing number with the next highest priority for that species. If the private entity is unable to notify the person and obtain his or her acceptance of the Dream Tag, the private entity shall bypass the person’s name in favor of the holder of the chance to win the Dream Tag raffle with the drawing number with the next highest priority for that species.

     4.  The private entity shall maintain a record of each attempt to notify a person who is selected to receive a Dream Tag pursuant to this section.

     5.  As used in this section, “drawing number” means a number assigned randomly to a chance to win a Dream Tag raffle to denote the priority the chance will receive in the raffle.

     (Added to NAC by Dep’t of Wildlife by R110-11, eff. 3-9-2012; A by Bd. of Wildlife Comm’rs by R159-12, 12-20-2012)

      NAC 502.42694  Issuance; recipient required to submit questionnaire. (NRS 502.219)

     1.  Except as otherwise provided in NAC 502.42695, and notwithstanding the provisions of NAC 502.341, 502.345, 502.361, 502.364 and 502.373, a private entity conducting a Dream Tag raffle may issue a Dream Tag at any time to a person who wins the tag in the raffle.

     2.  Each recipient of a Dream Tag shall submit the questionnaire issued as part of the Dream Tag pursuant to NAC 502.405.

     (Added to NAC by Dep’t of Wildlife by R110-11, eff. 3-9-2012)

      NAC 502.42695  Return of tag for same species for which Dream Tag was issued; exception; duties of private entity. (NRS 502.219)

     1.  Except as otherwise provided in subsection 2, a recipient of a Dream Tag who is issued a tag for the same species through a drawing for a tag for that species must return the tag to the Department before receiving the Dream Tag.

     2.  A recipient of a Dream Tag who is issued a tag for an antlerless deer, an antlerless elk or an antelope with horns shorter than its ears through a tag drawing is not required to return the tag to the Department before receiving the Dream Tag.

     3.  After conducting a Dream Tag raffle and before issuing a Dream Tag from that raffle, the private entity conducting the raffle:

     (a) Shall provide to the Department the name and residence information of the winner of the raffle; and

     (b) Shall not issue a Dream Tag to the winner of the raffle until the Department notifies the private entity that the winner is not required to return a tag to the Department pursuant to subsection 1.

     (Added to NAC by Dep’t of Wildlife by R110-11, eff. 3-9-2012)

      NAC 502.42696  Validity. (NRS 502.219)  Except as otherwise provided by an annual regulation of the Commission, a Dream Tag is valid only for a unit with an open season for the species listed on the Dream Tag, during the open season for that unit for that species and with the weapon authorized for use during that open season.

     (Added to NAC by Dep’t of Wildlife by R110-11, eff. 3-9-2012)

Partnership in Wildlife Drawing

      NAC 502.427  Participation; tag fees; disposition of money received. (NRS 501.105, 501.181, 501.3575, 502.160, 502.250)

     1.  An applicant who was unsuccessful in obtaining a tag at the initial drawing for a big game tag may participate as a single applicant for the same species in the Partnership in Wildlife Drawing held in the same year if the applicant indicated his or her desire to participate on his or her application for the initial drawing.

     2.  The Department shall retain the tag fee paid for the initial drawing by a person who indicated his or her desire to participate in the Partnership in Wildlife Drawing as the fee for the Partnership in Wildlife Drawing. After completion of the Partnership in Wildlife Drawing, the Department shall:

     (a) Deposit with the State Treasurer for credit to the Wildlife Fund Account the entire tag fee received from each successful applicant;

     (b) Deposit with the State Treasurer for credit to the Wildlife Heritage Trust Account $10 of the tag fee received from each unsuccessful applicant; and

     (c) Refund the remaining amount of the tag fee received from an unsuccessful applicant to the unsuccessful applicant.

     (Added to NAC by Bd. of Wildlife Comm’rs, eff. 3-28-96; A by R055-01, 12-6-2001; R137-03, 1-20-2004)

      NAC 502.4275  Awarding of tags. (NRS 501.105, 501.181, 502.160, 502.250)

     1.  The Department shall award tags from the Partnership in Wildlife Drawing through a random order of selection conducted pursuant to a computerized system of drawing. The selection must begin with a number established by the hours, minutes, seconds and hundredths of a second set forth on the computer’s clock immediately before commencing the drawing.

     2.  The Department shall cause the computer to generate an alternate list, categorized by species, after the initial selection of tag recipients in the Partnership in Wildlife Drawing. The alternate list must consist solely of each applicant who indicated a desire to be placed on an alternate list pursuant to subsection 2 of NAC 502.4175.

     3.  If the return of tags for a refund, pursuant to subsection 2 of NAC 502.422, reduces the number of tags awarded for the Partnership in Wildlife Drawing to less than the quota for the hunt for a species, the Department shall refill the quota by awarding tags:

     (a) First, pursuant to NAC 502.4195, to applicants who were rejected because of an error by the Department; and

     (b) Second, to applicants on the alternate list, unless there are fewer than 14 business days remaining until the opening day for that hunt.

     4.  Except as otherwise provided in subsection 5, in awarding tags from an alternate list for a hunt, the Department shall select the eligible applicant appearing on the list who:

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

     (b) Indicated on his or her application for the initial drawing for big game tags his or her desire to compete for that species in the Partnership in Wildlife Drawing.

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

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

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

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

     (Added to NAC by Bd. of Wildlife Comm’rs, eff. 3-28-96; A by R133-01, 12-17-2001, eff. 1-1-2002; R159-12, 12-20-2012)

      NAC 502.428  Seasons, quotas and other conditions; error by Department. (NRS 501.105, 501.181, 502.160, 502.250)

     1.  The Commission will adopt annual regulations pursuant to NAC 502.310 to establish the seasons, quotas per species and subspecies, units and other conditions for the type of hunt in which recipients of big game tags from a Partnership in Wildlife Drawing may participate.

     2.  Tags issued through the Partnership in Wildlife Drawing will be in addition to the quotas set for the initial drawing for big game tags. The Commission will set the quota of tags to be issued per species and subspecies for the Partnership in Wildlife Drawing after considering the recommendations of the Department, the county advisory boards to manage wildlife and members of the public who wish to present their views at an open meeting. Tags issued through the Partnership in Wildlife Drawing will be issued for male animals only, except for tags to hunt mountain goats which will be issued for males and females.

     3.  Except as otherwise provided in subsection 4, the annual quotas for Partnership in Wildlife tags will not exceed the following:

     (a) Deer tags:

 

          (1) Resident.....................................................................................................

                        22

          (2) Nonresident...............................................................................................

                          3

     (b) Antelope tags (resident).................................................................................

                          5

     (c) Elk tags (resident)...........................................................................................

                          3

     (d) Mountain goat tags (resident)........................................................................

                          1

     (e) Bighorn sheep tags (resident).........................................................................

                          4

     4.  If the Department commits an error which results in the rejection or incorrect processing of an application for a tag that has been submitted in compliance with the regulations of the Commission and the error is confirmed before the close of the seasons, the Department may exceed its quota for the species to which the application pertains and issue a tag to the applicant if his or her draw number was low enough that the applicant would have been awarded a tag in the drawing to which that application pertains if the Department had not committed the error. If the Department confirms an error on a rejected or incorrectly processed application after the close of the seasons, it shall not take any action to correct the error.

     (Added to NAC by Bd. of Wildlife Comm’rs, eff. 3-28-96; A by R137-03, 1-20-2004, eff. 3-1-2004)

      NAC 502.4285  Eligibility for tags. (NRS 501.105, 501.181, 502.160, 502.250)  The provisions of NAC 502.345, 502.361 and 502.364, regarding a person’s eligibility to obtain tags, apply to tags obtained through a Partnership in Wildlife Drawing. Notwithstanding the provisions of NAC 502.341, a person who obtains an antelope tag for any type of hunt from a Partnership in Wildlife Drawing is not eligible to apply for another tag to hunt for antelope for the next five open seasons.

     (Added to NAC by Bd. of Wildlife Comm’rs, eff. 3-28-96)

      NAC 502.429  Bonus points: No consideration in drawing; reversion to zero for successful applicant; no award to unsuccessful applicant. (NRS 501.105, 501.181, 502.160, 502.250)  The Department shall not consider bonus points as giving an applicant an increased opportunity to receive a tag in a Partnership in Wildlife Drawing. If an applicant is successful in a Partnership in Wildlife Drawing, the applicant’s bonus point total will revert to zero for the type of hunt for which he or she applied. The Department shall not award bonus points to unsuccessful applicants in a Partnership in Wildlife Drawing.

     (Added to NAC by Bd. of Wildlife Comm’rs, eff. 3-28-96)

SILVER STATE TAG DRAWING

      NAC 502.4291  Electronic application authorized for residents and nonresidents; procedure if applicant is unsuccessful in obtaining tag. (NRS 501.105, 501.181, 502.160, 502.250)

     1.  The Department shall provide an electronic application for the Silver State Tag Drawing to residents and nonresidents.

     2.  An applicant must indicate the desire to participate in the Silver State Tag Drawing on his or her application, and must participate solely as a single applicant in the Silver State Tag Drawing for a species or subspecies.

     3.  If eligible, an applicant who indicates the desire to participate on his or her application for the Silver State Tag Drawing may in the same year:

     (a) If the applicant was unsuccessful in obtaining a tag in the Silver State Tag Drawing for a species or subspecies, apply for the same species or subspecies in the initial drawing for a tag for that species or subspecies; and

     (b) If the applicant is unsuccessful in obtaining a tag at the initial drawing for a big game tag, participate as a single applicant for the same species or subspecies in the Partnership in Wildlife Drawing pursuant to NAC 502.427.

     (Added to NAC by Bd. of Wildlife Comm’rs by R196-09, eff. 4-20-2010)

      NAC 502.4292  Contents of application; valid hunting license required; fees. (NRS 501.105, 501.181, 502.160, 502.250)

     1.  A person desiring to obtain a Silver State Tag must apply to the Department on an electronic form provided by the Department pursuant to NAC 502.4291 that includes spaces for the applicant to:

     (a) Specify his or her name, address and date of birth;

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

     (c) Specify whether or not the applicant desires to be placed on an alternate list pursuant to subsection 2 of NAC 502.4298; and

     (d) Acknowledge the affidavit that is included in the application provided by the Department.

     2.  An application must include the applicant’s social security number, or a unique number will be assigned by the Department.

     3.  An applicant must obtain a valid hunting license before submitting his or her application for a Silver State Tag, except that an applicant may apply for a hunting license when submitting his or her application for a Silver State Tag.

     4.  An application for a Silver State Tag must be accompanied by:

     (a) A nonrefundable fee of $20 for the application which, except as otherwise provided in NAC 502.4295, the Department shall deposit with the State Treasurer for credit to the Wildlife Heritage Trust Account.

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

     (c) If the application is for an elk tag, the fee of $5 required pursuant to NRS 502.250 for the application.

     (d) The fee for a hunting license, as provided in NRS 502.240, if the applicant:

          (1) Has not obtained a hunting license; and

          (2) Indicates on the application that he or she wishes to purchase the hunting license regardless of whether his or her application is successfully drawn.

     (e) The habitat conservation fee, as provided in NRS 502.242, if the applicant:

          (1) Has not obtained a hunting license; and

          (2) Indicates on the application that he or she wishes to purchase the hunting license regardless of whether his or her application is successfully drawn.

     5.  If an application for a Silver State Tag is successfully drawn, the Department shall collect from the applicant:

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

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

          (1) Has not obtained a hunting license; and

          (2) Indicates on the application that he or she wishes to purchase the hunting license only if his or her application is successfully drawn; and

     (c) The habitat conservation fee, as provided in NRS 502.242, if the applicant:

          (1) Has not obtained a hunting license; and

          (2) Indicates on the application that he or she wishes to purchase the hunting license only if his or her application is successfully drawn.

     6.  An application to obtain a Silver State Tag may be submitted by a person who is under 12 years of age if he or she will attain the age of 12 years before the commencement of the season to which the application relates.

     (Added to NAC by Bd. of Wildlife Comm’rs by R196-09, eff. 4-20-2010; A by R159-12, 12-20-2012)

      NAC 502.4293  Eligibility to apply. (NRS 501.105, 501.181, 502.160, 502.250)  A person who is ineligible to apply for a tag pursuant to NAC 502.341, 502.345, 502.361 or 502.364 may, if he or she is otherwise eligible for the issuance of a tag, apply for a Silver State Tag for a species or subspecies specified in those sections.

     (Added to NAC by Bd. of Wildlife Comm’rs by R196-09, eff. 4-20-2010)

      NAC 502.4294  Bonus points. (NRS 501.105, 501.181, 502.160, 502.250)  The Department shall not consider bonus points as giving an applicant an increased opportunity to receive a tag in a Silver State Tag Drawing. If an applicant is successful in a Silver State Tag Drawing, his or her bonus point total will not revert to zero for the species or category of species for which he or she applied. The Department shall not award bonus points to unsuccessful applicants in a Silver State Tag Drawing.

     (Added to NAC by Bd. of Wildlife Comm’rs by R196-09, eff. 4-20-2010)

      NAC 502.4295  Seasons, quotas and other conditions; error by Department. (NRS 501.105, 501.181, 502.160, 502.250)

     1.  The Commission will adopt annual regulations pursuant to NAC 502.310 to establish the seasons, quotas per species and subspecies, units and other conditions for the type of hunt in which the recipients of big game tags from a Silver State Tag Drawing may participate. The seasons will be concurrent with the seasons established for the tags, if any, that are awarded through an auction pursuant to NRS 502.250.

     2.  Tags issued through the Silver State Tag Drawing are in addition to the quotas set for the initial drawing for big game tags and the Partnership in Wildlife tags. The Commission will set the quota of tags to be issued per species and subspecies for the Silver State Tag Drawing after considering the recommendations of the Department, the county advisory boards to manage wildlife and members of the public who wish to present their views at an open meeting. Tags issued through the Silver State Tag Drawing will be issued for male animals only, except for tags to hunt mountain goats, which will be issued for males and females.

     3.  If the Department commits an error which results in the rejection or incorrect processing of an application for a Silver State Tag that has been submitted in compliance with the regulations of the Commission, the Department shall provide a refund of the fee for the Silver State Tag to the applicant.

     (Added to NAC by Bd. of Wildlife Comm’rs by R196-09, eff. 4-20-2010)

      NAC 502.4296  Third-party error. (NRS 501.105, 501.181, 502.160, 502.250)

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

     2.  As used in this section, “third-party error” means the failure to act or commission of an act, by a person or entity other than the Department or an applicant to obtain a Silver State Tag, which provides a ground for rejecting an application pursuant to NAC 502.4297.

     (Added to NAC by Bd. of Wildlife Comm’rs by R196-09, eff. 4-20-2010)

      NAC 502.4297  Rejection of application. (NRS 501.105, 501.119, 501.181, 502.160, 502.250)

     1.  The Department shall reject an application to obtain a Silver State Tag if any of the following occurs:

     (a) The applicant fails to specify his or her name, date of birth, city or state on the application, unless that information exists in the computer file of the Department, in which case the application must not be rejected if the applicant has specified his or her name and client number.

     (b) The applicant fails to specify or incorrectly specifies on the application the number of his or her hunting license and the year the license was issued, unless that information exists in the computer file of the Department, in which case the application must not be rejected for that reason.

     (c) The applicant fails to specify his or her social security number on the application for a hunting license if:

          (1) The application for a hunting license is included with the application for a Silver State Tag; and

          (2) The Social Security Administration has issued a social security number to the applicant.

     (d) An applicant who is at least 12 years of age but not more than 17 years of age fails to obtain the signature of his or her parent or legal guardian on the application for a hunting license.

     (e) The applicant fails to specify on the application the species for which the application was submitted and a valid hunter choice number for that type of hunt.

     (f) The applicant fails to sign the application.

     (g) The applicant fails to submit the fees required pursuant to NAC 502.4292 or his or her bank fails to honor the payment for those fees.

     (h) The applicant fails to comply with the provisions of NAC 502.405, unless, on or before the deadline set forth in that section for the year in which the application is submitted, the applicant pays the applicable administrative fine and submits the properly completed questionnaire issued as part of the tag or the information required by the questionnaire.

     (i) The applicant submits more than one application to hunt for the same species of wildlife during the same year, unless such an application is specifically authorized by the Commission. If such an application is not specifically authorized by the Commission, all applications submitted by the applicant to hunt for the same species must be rejected.

     (j) The application is received after the deadline set by the Commission.

     (k) The applicant fails to comply with the provisions of NRS 502.330.

     (l) The applicant provides false information on the application.

     (m) The applicant is otherwise ineligible to apply for the Silver State Tag.

     2.  If an application is rejected by the Department pursuant to this section:

     (a) The application must not be included in the procedure for awarding tags; and

     (b) The nonrefundable application fee for a Silver State Tag for acting upon each application for a Silver State Tag, the fee required pursuant to NRS 502.253 for the support of programs to control predators and protect wildlife habitat and, if included, the fee required pursuant to NRS 502.250 for each application for a Silver State Tag for elk must be retained by the Department.

     3.  If the Department rejects an application pursuant to paragraph (g) of subsection 1 because the applicant failed to submit the fees required pursuant to NAC 502.4292, the applicant is ineligible to receive or exercise any privilege conferred upon him or her pursuant to title 45 of NRS until the Department receives:

     (a) The nonrefundable application fee for a Silver State Tag for acting upon the application; and

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

     4.  The Department shall indicate that the applicant owes a fee in the file of the applicant maintained by the Department until the applicant pays all fees owed to the Department.

     (Added to NAC by Bd. of Wildlife Comm’rs by R196-09, eff. 4-20-2010)

      NAC 502.4298  Computerized system of drawing; alternate list; procedure to refill quota. (NRS 501.105, 501.181, 502.160, 502.250)

     1.  The Silver State Tag Drawing will occur before the initial drawing for big game tags. The Department shall award tags from the Silver State Tag Drawing through a random order of selection conducted pursuant to a computerized system of drawing. The selection must begin with a number established by the hours, minutes, seconds and hundredths of a second set forth on the computer’s clock immediately before commencing the drawing.

     2.  The Department shall cause the computer to generate an alternate list, categorized by species, after the initial selection of tag recipients in the Silver State Tag Drawing. The alternate list must consist solely of each applicant who indicated a desire to be placed on an alternate list pursuant to subsection 1 of NAC 502.4292.

     3.  If the return of tags for a refund, pursuant to subsection 2 of NAC 502.422, reduces the number of tags awarded for the Silver State Tag Drawing to less than the quota for the hunt for a species, the Department shall refill the quota by awarding tags to applicants on the alternate list, unless there are fewer than 14 business days remaining until the opening day for that hunt.

     4.  Except as otherwise provided in subsection 5, in awarding tags from an alternate list for a hunt, the Department shall select the eligible applicant appearing on the list who:

     (a) Has not received a tag in the initial drawing for big game tags or the Partnership in Wildlife Drawing for that species or subspecies for that year;

     (b) Has the drawing number with the highest priority for that species or subspecies; and

     (c) Indicated on his or her application the desire to compete for that species or subspecies in the Silver State Tag Drawing.

     5.  If the Department is unable to collect any fee that is required from the Silver State Tag Drawing because the method of payment is rejected during the processing of those fees, the Department shall, if more than 14 business days remain until the opening day for the hunt, select an eligible applicant from the alternate list for the hunt and season who:

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

     (b) Indicated on his or her application for the initial drawing for big game tags the desire to compete for that species in the Silver State Tag Drawing.

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

     (Added to NAC by Bd. of Wildlife Comm’rs by R196-09, eff. 4-20-2010; A by R159-12, 12-20-2012)

TAXIDERMISTS

      NAC 502.430  Definitions. (NRS 502.370)  As used in NAC 502.430 to 502.455, inclusive, unless the context otherwise requires:

     1.  “Commercial taxidermist” means a person who provides taxidermic services for any other person for compensation.

     2.  “Noncommercial taxidermist” means a person who provides taxidermic services for any other person without compensation.

     3.  “Taxidermic item” means any part of wildlife upon which taxidermic services can be, are being or have been performed.

     4.  “Taxidermic services” includes preparing, stuffing and mounting the skins of wildlife or any parts, nests or eggs of wildlife.

     [Bd. of Fish & Game Comm’rs, No. 16 §§ 16.10-1 - 16.10-3, eff. 5-6-78]—(NAC A by Bd. of Wildlife Comm’rs, 7-1-97)

      NAC 502.435  Taxidermist license required. (NRS 502.370)

     1.  A person must obtain:

     (a) A Nevada taxidermist license as either a commercial taxidermist or noncommercial taxidermist, as appropriate; and

     (b) If the taxidermic services are to be performed on a species of migratory bird protected by the Migratory Bird Treaty Act, as amended, 16 U.S.C. §§ 703 et seq., a taxidermist permit issued by the United States Fish and Wildlife Service pursuant to 50 C.F.R. § 21.24, before performing taxidermic services in Nevada for any other person.

     2.  The Commission hereby adopts by reference the regulations of the United States Fish and Wildlife Service which are published in 50 C.F.R. § 21.24, as those regulations existed on October 1, 1995. Title 50 of C.F.R. may be purchased for $39 from the Superintendent of Documents, United States Government Printing Office, Washington, D.C. 20402-9328.

     [Bd. of Fish & Game Comm’rs, No. 16 § 17.01-1, eff. 5-6-78]—(NAC A by Bd. of Wildlife Comm’rs, 7-1-97)

      NAC 502.440  License: Application; validity; renewal. (NRS 502.370)

     1.  An application for a taxidermist license may be obtained from any office of the Department. The applicant shall include on his or her application:

     (a) The applicant’s name, residential and mailing addresses, and telephone number;

     (b) The name and telephone number of the applicant’s taxidermic business and, if different from the applicant’s residential address, the address from which taxidermic services will be provided;

     (c) Whether or not the taxidermic services are provided for compensation;

     (d) If the applicant must possess a federal taxidermist permit, a copy of the permit or proof satisfactory to the Department that federal approval of such a permit is pending;

     (e) The name of each state in which the applicant holds or has held a taxidermist license or permit to perform taxidermic services;

     (f) If the applicant has been convicted of violating the laws or regulations relating to taxidermy or commercialization of wildlife of any state or the United States Fish and Wildlife Service within the 5 years immediately preceding the date of the application, a description of each violation, a description of the penalty imposed for each violation and the name of the state in which the conviction occurred;

     (g) Whether, at the time of the application, the privileges granted to the applicant by another state or the United States Fish and Wildlife Service relating to taxidermy are suspended or revoked; and

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

     2.  A taxidermist license issued by the Department pending the issuance of a federal permit to perform taxidermic services on:

     (a) A migratory bird that is protected by the Migratory Bird Treaty Act, as amended, 16 U.S.C. §§ 703 et seq.; or

     (b) A species of wildlife that is listed as threatened or endangered by the United States Fish and Wildlife Service,

Ê is not valid for the purposes of performing taxidermic services on the migratory bird or the endangered or threatened species until the federal permit has been issued by the United States Fish and Wildlife Service to the licensee.

     3.  A completed application and required fees must be submitted to the Department.

     4.  An annual taxidermist license expires on June 30 of each year. If an application for the renewal of a taxidermist license is not received by the Department on or before June 30, taxidermic items in the possession of a taxidermist shall be deemed to be unlawfully possessed and are subject to seizure by the Department, and the taxidermist will be considered to be practicing taxidermy without a license. If an application for the renewal of a taxidermist license is received by the Department on or before June 30, the license will remain in effect until the Department completes its review of the application and renews or denies the application to renew the taxidermist license.

     [Bd. of Fish & Game Comm’rs, No. 16 § 17.01-3, eff. 5-6-78]—(NAC A by Bd. of Wildlife Comm’rs, 7-1-97)

      NAC 502.445  Commercial taxidermist: Authorized acts. (NRS 502.370)

     1.  A person licensed in Nevada as a commercial taxidermist may:

     (a) Receive, transport, ship by common carrier, hold and perform taxidermic services on lawfully acquired wildlife.

     (b) Receive compensation for taxidermic services.

     (c) Purchase or otherwise legally acquire for taxidermic purposes the raw skins and hides of fur-bearing or game mammals which were lawfully taken.

     (d) Sell or consign to another person for sale the following mounted or permanently preserved wildlife which was lawfully acquired:

          (1) Properly marked migratory waterfowl raised in captivity;

          (2) The head and nonedible parts of any game mammal;

          (3) Properly identified game mammals;

          (4) Upland game birds, other than those birds which are protected by the Migratory Bird Treaty Act, as amended, 16 U.S.C. §§ 703 et seq.;

          (5) Game fish, or any part of a game fish;

          (6) Game amphibians;

          (7) Fur-bearing mammals; and

          (8) Unprotected wildlife.

     2.  A taxidermist may ship the raw skins and raw furs of any wildlife for which a tag is required to a tannery without first obtaining a transportation permit if the shipment is labeled pursuant to subsection 7 of NRS 503.040 or 50 C.F.R. §§ 14.81 and 14.82, as those regulations exist on October 1, 1996.

     3.  As used in this section, “nonedible parts” means the hide, skin, fur, antlers, horns, skeleton and hooves of an animal.

     [Bd. of Fish & Game Comm’rs, No. 16 part § 17.01-5, eff. 5-6-78]—(NAC A by Bd. of Wildlife Comm’rs, 7-1-97)

      NAC 502.450  Noncommercial taxidermist: Authorized acts. (NRS 502.370)  A person licensed in Nevada as a noncommercial taxidermist may receive, transport, hold and perform taxidermic services on lawfully acquired wildlife, if such activity is not contrary to the provisions of federal law or regulations relating to migratory birds that are protected by the Migratory Bird Treaty Act, as amended, 16 U.S.C. §§ 703 et seq.

     [Bd. of Fish & Game Comm’rs, No. 16 part § 17.01-5, eff. 5-6-78]—(NAC A by Bd. of Wildlife Comm’rs, 7-1-97)

      NAC 502.455  Taxidermic records; identification tags for taxidermic items. (NRS 502.370)

     1.  A person licensed as a taxidermist in Nevada shall maintain accurate written or computerized records, on a form provided by the Department or in a format which is substantially similar to that form, for each licensing year which show:

     (a) The name, telephone number and address of each person from whom wildlife or parts, nests or eggs of wildlife, upon which taxidermic services were performed, were received.

     (b) The name, telephone number and address of each person to whom wildlife or parts, nests or eggs of wildlife, upon which taxidermic services were performed, were delivered.

     (c) An accurate description of the taxidermic item, including the species and parts thereof received.

     (d) If required for the species of wildlife received, the number of the tag, seal or permit.

     (e) The date on which the taxidermist receives the taxidermic item and the date on which that item is returned to its owner.

Ê The taxidermist shall record the required information immediately upon receipt and delivery of a taxidermic item, as appropriate.

     2.  A taxidermist shall:

     (a) Immediately upon receipt, label each taxidermic item with a tag that clearly identifies the owner of the item. The tag may be removed from the item only during the actual performance of taxidermic services on the item. The tag must be reattached to the item when the taxidermic service is not being performed. Once the taxidermic services are completed on the taxidermic item, the tag must be reattached and remain attached to the item until the item is delivered to or claimed by the owner of the item.

     (b) If required by the Department, submit a copy of the taxidermist’s records for the previous licensing year to the Department at the end of each licensing year. If the records are computerized, the taxidermist shall submit a hard copy of the computerized records to the Department.

     (c) Retain the taxidermist’s records for a licensing year for at least 2 years after the end of the licensing year to which those records pertain.

     (d) During any reasonable hour, upon the request of any agent of the Department authorized to enforce the provisions of title 45 of NRS, present the taxidermist’s records kept in accordance with this section and any taxidermic item which the taxidermist is keeping at his or her place of business.

     3.  As used in this section, “licensing year” means a period beginning on July 1 and ending on June 30 of the following calendar year.

     [Bd. of Fish & Game Comm’rs, No. 16 § 17.01-9, eff. 5-6-78]—(NAC A by Bd. of Wildlife Comm’rs, 7-1-97)

BODIES OF WATER LETHAL TO WILDLIFE

      NAC 502.460  “Artificial or artificially created body of water” interpreted. (NRS 501.105, 501.181, 502.390)  For the purposes of NRS 502.390, “artificial or artificially created body of water” means any uncovered lake, pond, reservoir, pool, puddle, sump or any other type of water that is impounded by a person, including a ditch, stream and any other type of open mechanism used to transport or apply fluid. The Department may determine that several artificial or artificially created bodies of water that are part of one facility may be required to obtain one permit which covers all of the bodies of water.

     (Added to NAC by Bd. of Wildlife Comm’rs, eff. 12-18-89)

      NAC 502.465  “Chemicals or substances” interpreted. (NRS 501.105, 501.181, 502.390)  For the purposes of NRS 502.390, “chemicals or substances” means artificially created or natural materials or elements which are used in or result from industrial activities and which may occur in sufficient concentration to cause the death of any wildlife.

     (Added to NAC by Bd. of Wildlife Comm’rs, eff. 12-18-89)

      NAC 502.470  “Normal use” interpreted. (NRS 501.105, 501.181, 502.390)  For the purposes of NRS 502.390, “normal use” means the regular, customary or intended use of water, including the disposition of the water before a chemical or other change which is made specifically to protect wildlife.

     (Added to NAC by Bd. of Wildlife Comm’rs, eff. 12-18-89)

      NAC 502.475  Permits: Form; fee. (NRS 501.105, 501.181, 502.390)

     1.  The Department will provide a standard form for a permit required by NRS 502.390.

     2.  The fee for the permit is $125 per year and must be paid to the Department before the permit will be issued. If the Department issues a temporary permit or a permit for less than 1 year, the fee is $68.

     (Added to NAC by Bd. of Wildlife Comm’rs, eff. 12-18-89; A by R137-03, 1-20-2004, eff. 3-1-2004)

      NAC 502.480  Permits: Individual design; compliance with conditions. (NRS 501.105, 501.181, 502.390)

     1.  The Department will design a permit required by NRS 502.390 to address the specific measures for the protection of wildlife and operating standards to be taken by a holder of the permit.

     2.  A person who holds a permit must comply with all of the conditions for the permit which the Department requires, including, but not limited to:

     (a) The type of fence which must be installed to ensure the exclusion of wildlife from hazardous water.

     (b) The designation of bodies of water which must be covered to ensure the exclusion of wildlife.

     (c) The designation of a body of water which must be maintained through operational standards, in a state which will not cause the death of any wildlife.

     (Added to NAC by Bd. of Wildlife Comm’rs, eff. 12-18-89)

      NAC 502.482  Payment of annual assessment by holder of permit. (NRS 501.105, 501.181, 502.390)

     1.  The holder of a permit issued pursuant to NRS 502.390 shall pay an annual assessment required by that section based on the tons of material processed through a mill or a heap leach pad during the previous fiscal year. The amount of the assessment will be determined as follows:

 

          Tons of material processed

Amount of assessment

          1 - 40,000........................................................................................

                                        $50

          40,001 - 100,000.............................................................................

                                     1,750

          100,001 - 300,000...........................................................................

                                     3,750

          300,001 - 600,000...........................................................................

                                     6,750

          600,001 - 1,500,000........................................................................

                                     8,750

          More than 1,500,000.......................................................................

                                   10,000

 

     2.  The Department shall send to each holder of a permit a form to indicate the number of tons of material processed in the previous fiscal year. The Department shall send the form not later than the end of each fiscal year. The holder of a permit shall complete and return the form, accompanied by the assessment, to the Department within 45 calendar days of receipt.

     3.  If the ownership of any artificial or artificially created body of water for which a permit has been issued is transferred, the amount of the assessment required to be paid by the new owner during his or her first year of ownership must be based on the tons of material processed during the previous fiscal year.

     (Added to NAC by Bd. of Wildlife Comm’rs, eff. 9-13-91)

      NAC 502.485  Reports regarding death of wildlife. (NRS 501.105, 501.181, 502.390)  A person who has been issued a permit required by NRS 502.390 must report to the Department on forms provided by the Department, each death of wildlife associated with the body of water for which the permit was issued. If no death occurs, the person must also report this to the Department. The permit will state the time and manner the information must be reported to the Department.

     (Added to NAC by Bd. of Wildlife Comm’rs, eff. 12-18-89)

      NAC 502.495  Access by Department to property. (NRS 501.105, 501.181, 502.390)  The holder of a permit required by NRS 502.390 shall grant reasonable access to the employees of the Department who are authorized by the Department to enter the property for which the permit was issued.

     (Added to NAC by Bd. of Wildlife Comm’rs, eff. 12-18-89)

HUNTER SAFETY

      NAC 502.500  Course in safe handling of firearms; fees. (NRS 501.181, 502.340, 502.350)

     1.  The Department will provide a course in the safe handling of firearms to all eligible persons. The instructor may collect a fee of $5 from each person obtaining instruction in the safe handling of firearms.

     2.  The Department will issue a duplicate certificate of successful completion of the course for a fee of $3.

     [Bd. of Wildlife Comm’rs, No. 120 § 3, eff. 11-5-81]—(NAC A 9-20-83; 10-17-86, eff. 1-1-87; 4-18-90)—(Substituted in revision for NAC 502.425)