[Rev. 6/29/2024 4:27:32 PM--2023]

TITLE 47 - FORESTRY; FOREST PRODUCTS AND FLORA

CHAPTER 527 - PROTECTION AND PRESERVATION OF TIMBERED LANDS, TREES AND FLORA

PROTECTION OF TIMBERED LANDS

NRS 527.010           Unlawful cutting or removal of timber from land held by inchoate title or title less than fee simple; penalty.

NRS 527.020           Unlawful cutting or removal of timber from state land; penalty.

NRS 527.030           Issue of fact as to title to real property.

NRS 527.040           Construction of provisions.

PROTECTION OF TREES AND FLORA

NRS 527.050           Unlawful removal or destruction of trees or flora; penalty; enforcement; exemption.

PROTECTION OF SWAMP CEDARS

NRS 527.055           Declaration of state policy; unlawful acts; regulations of State Forester Firewarden.

PROTECTION OF CHRISTMAS TREES, CACTI AND YUCCA

NRS 527.060           Definitions.

NRS 527.070           Notice required for removal or possession for commercial purposes; registration and permit.

NRS 527.080           Shipping permits.

NRS 527.090           Tag required; fee.

NRS 527.100           Unlawful acts; regulations of State Forester Firewarden; exception for necessary cutting or trimming by public utility or logging operation.

NRS 527.110           Confiscation of plants unlawfully removed or possessed; sale; disposition of proceeds.

NRS 527.120           Penalty.

PRESCRIBED FIRES

NRS 527.122           Definitions.

NRS 527.124           Regulations.

NRS 527.126           Requirements to conduct fire; governmental immunity.

NRS 527.128           Contents of written plan; maintenance of plan on-site for duration of fire; establishment of qualifications for person to oversee fire.

CONTROL OF FOREST INSECTS AND DISEASES

NRS 527.130           Definitions.

NRS 527.140           Purposes of provisions for control of forest insects and diseases; forest pests declared public nuisance.

NRS 527.150           Powers of State Forester Firewarden.

NRS 527.160           Duty to survey and investigate to determine presence of forest pests.

NRS 527.170           Zones of infestation prescribed by State Forester Firewarden.

NRS 527.180           Direction to owners within established zone to destroy forest pests: Service; publication.

NRS 527.190           Application of measures to control infestation.

NRS 527.200           State Forester Firewarden may eradicate forest pests upon failure of owner after notice; costs of eradication constitute lien; collection of costs.

NRS 527.210           Dissolution of zone.

NRS 527.220           Cooperation with governmental agencies and organizations.

NRS 527.230           Division of Forestry Account: Receipt and disposition of money.

USE OF MECHANICAL DEVICES FOR HARVESTING PINE NUTS OR CONES FROM PINON TREES

NRS 527.240           Declaration of state policy.

NRS 527.250           Unlawful without written permit; penalty; enforcement.

PROTECTION AND PROPAGATION OF SELECTED SPECIES OF NATIVE FLORA

NRS 527.260           Legislative finding.

NRS 527.270           List of fully protected species declared to be threatened with extinction; special permit required for removal or destruction.

NRS 527.280           Destruction or removal of dangerous species by State Forester Firewarden.

NRS 527.290           Duties of Governor.

NRS 527.300           Powers and duties of State Forester Firewarden.

STATE ARBORETUM

NRS 527.330           Establishment and purpose; regulations.

_________

PROTECTION OF TIMBERED LANDS

      NRS 527.010  Unlawful cutting or removal of timber from land held by inchoate title or title less than fee simple; penalty.

      1.  It is unlawful for any person or corporation to cut down or remove, or cause to be cut down or removed, any wood, timber or trees on or from any land in this state, to which land this state or any person or corporation has or may have an inchoate title, or any title less than fee simple. The provisions of this subsection apply to the owner of such inchoate title, or title less than fee simple, the same as to other persons and corporations.

      2.  If any owner of an inchoate title to land in this state, or title to such land less than fee simple, or any other person or corporation, violates the provisions of subsection 1, such person or corporation is guilty of a public offense, as prescribed in NRS 193.155, proportionate to the value of the trees, wood or timber cut down or removed, and in no event less than a misdemeanor.

      [1:56:1871; B § 3843; BH § 356; C § 328; RL § 2114; NCL § 3160] + [2:56:1871; B § 3844; BH § 357; C § 329; RL § 2115; NCL § 3161]—(NRS A 1967, 608; 1971, 1462; 1979, 1484)

      NRS 527.020  Unlawful cutting or removal of timber from state land; penalty.  If any person cuts down or removes any tree, wood or timber from any land in this state, to which this state has a fee simple title, or an inchoate title, by reason of grant from the United States, such person is guilty of a public offense, as prescribed in NRS 193.155, proportionate to the value of the trees, wood or timber cut down or removed, and in no event less than a misdemeanor.

      [3:56:1871; B § 3845; BH § 358; C § 330; RL § 2116; NCL § 3162]—(NRS A 1967, 608; 1971, 1462; 1979, 1485)

      NRS 527.030  Issue of fact as to title to real property.  If an issue of fact be joined, as to the title to real property, in any action under the provisions of NRS 527.010 to 527.040, inclusive, the action shall thereupon be certified by the justice of the peace in whose court it may be pending to the district court of the same county, and therein tried and finally determined as if the same had been originally commenced therein.

      [Part 4:56:1871; B § 3846; BH § 359; C § 331; RL § 2117; NCL § 3163]

      NRS 527.040  Construction of provisions.  Nothing in NRS 527.010 to 527.040, inclusive, shall be so construed as:

      1.  To affect or impair the provisions of chapter 326 of NRS.

      2.  To prevent the cutting and using by actual settlers upon such lands as are specified in NRS 527.010 to 527.040, inclusive, of such wood as may be necessary for domestic uses, or of such timber as may be necessary for making permanent improvements upon such lands.

      [Part 4:56:1871; B § 3846; BH § 359; C § 331; RL § 2117; NCL § 3163]

PROTECTION OF TREES AND FLORA

      NRS 527.050  Unlawful removal or destruction of trees or flora; penalty; enforcement; exemption.

      1.  It is unlawful for any person, firm, company or corporation, his, her, its or their agent or agents, willfully or negligently:

      (a) To cut, destroy, mutilate, pick or remove any tree, shrub, plant, fern, wild flower, cacti, desert or montane flora, or any seeds, roots or bulbs of either or any of the foregoing from any private lands, without obtaining:

             (1) A written permit therefor from the owner or occupant or the duly authorized agent of the owner or occupant; and

             (2) If the flora:

                   (I) Has been placed on the list of fully protected species pursuant to NRS 527.270, a special permit issued by the State Forester Firewarden pursuant to NRS 527.270; and

                   (II) Is a swamp cedar described in NRS 527.055, a special permit issued by the State Forester Firewarden pursuant to NRS 527.055.

      (b) To cut, destroy, mutilate, pick or remove any flora on any state lands under the jurisdiction of the Division of State Parks of the State Department of Conservation and Natural Resources without:

             (1) Complying with regulations of the Division of State Parks; and

             (2) If the flora:

                   (I) Has been placed on the list of fully protected species pursuant to NRS 527.270, obtaining a special permit issued by the State Forester Firewarden pursuant to NRS 527.270; and

                   (II) Is a swamp cedar described in NRS 527.055, a special permit issued by the State Forester Firewarden pursuant to NRS 527.055.

      (c) To cut, destroy, mutilate, pick or remove any flora from any lands within the State of Nevada not otherwise described in paragraphs (a) and (b) without obtaining:

             (1) If the flora has been placed on the list of fully protected species pursuant to NRS 527.270, a special permit issued by the State Forester Firewarden pursuant to NRS 527.270; and

             (2) If the flora is a swamp cedar described in NRS 527.055, a special permit issued by the State Forester Firewarden pursuant to NRS 527.055.

Ê For the purposes of this subsection, the State Forester Firewarden may establish regulations for enforcement, including the issuance of collecting permits and the designation of state and federal agencies from which such permits may be obtained.

      2.  Every person violating the provisions of this section is guilty of a public offense proportionate to the value of the plants, flowers, trees, seeds, roots or bulbs cut, destroyed, mutilated, picked or removed, and in no event less than a misdemeanor.

      3.  The State Forester Firewarden and his or her representatives, public officials charged with the administration of reserved and unreserved lands belonging to the United States, and peace officers shall enforce the provisions of this section.

      4.  Except as to flora that has been placed on the list of fully protected species of native flora pursuant to NRS 527.270 or as to flora on state park lands regulated by the Division of State Parks, the provisions of this section do not apply to Indians who gather any such article for food or for medicinal or ceremonial use.

      [1:180:1937; 1931 NCL § 5581.21] + [2:180:1937; 1931 NCL § 5581.22]—(NRS A 1957, 317; 1967, 608; 1969, 461; 1971, 1462; 1973, 1587; 1977, 1166; 1979, 1485; 2019, 732; 2021, 344)

PROTECTION OF SWAMP CEDARS

      NRS 527.055  Declaration of state policy; unlawful acts; regulations of State Forester Firewarden.

      1.  It is hereby declared to be the policy of the State of Nevada to protect the Spring Valley population of Rocky Mountain junipers (Juniperus scopulorum), known as “swamp cedars,” that occur in White Pine County within the Bahsahwahbee Traditional Cultural Property as such swamp cedars are a rare occurrence of low-elevation Rocky Mountain junipers and are considered sacred by certain Native American tribes in the State.

      2.  It is unlawful for any person, firm, company or corporation, his, her, its or their agent or agents, willfully or negligently to cut, destroy, mutilate or remove any swamp cedar described in subsection 1 without first obtaining a special permit from the State Forester Firewarden and complying with any other applicable requirements set forth in NRS 527.050.

      3.  Except as otherwise provided in this subsection, the State Forester Firewarden may adopt regulations necessary to carry out the provisions of this section. The State Forester Firewarden may not charge a fee for a special permit to cut, destroy, mutilate or remove any swamp cedar described in subsection 1.

      (Added to NRS by 2021, 343)

PROTECTION OF CHRISTMAS TREES, CACTI AND YUCCA

      NRS 527.060  Definitions.  As used in NRS 527.060 to 527.120, inclusive, unless the context otherwise requires:

      1.  “Cactus” includes any member of the Cactaceae family.

      2.  “Christmas tree” includes any evergreen tree or part thereof cut and removed from the place where grown without the foliage being removed.

      3.  “Yucca” includes any member of the genus Yucca.

      (Added to NRS by 1957, 318; A 1977, 778)

      NRS 527.070  Notice required for removal or possession for commercial purposes; registration and permit.

      1.  For the purpose of NRS 527.060 to 527.120, inclusive, the removal or possession of Christmas trees, cacti or yucca for commercial purposes means the removal or possession of six or more of such plants in any 1 calendar day or the removal or possession of less than six of such plants each for 7 or more consecutive calendar days, except removal or possession of the plants for scientific or educational purposes with the permission of the owner of the plants.

      2.  A person proposing to remove or possess any Christmas tree, cactus or yucca for commercial purposes on any state, county or privately owned lands shall notify the State Forester Firewarden. Upon receipt of such notice the State Forester Firewarden shall provide the person with registration forms, and such forms must be completed and returned to the State Forester Firewarden at least 10 days before removal or possession of the plant. If it appears to the State Forester Firewarden that the person who has registered is entitled to remove or possess the plant, the State Forester Firewarden shall issue a permit to ship the plant, and a sufficient number of tags so that each plant may be tagged if the source of the plants to be removed or possessed is not federal land.

      (Added to NRS by 1957, 318; A 1977, 779)

      NRS 527.080  Shipping permits.

      1.  Christmas trees, cacti or yucca which are removed or possessed for commercial purposes in Nevada and which are to be transported by railroad or other means to other localities in or out of the State of Nevada must be accompanied by a shipping permit issued by the State Forester Firewarden, or the State Forester Firewarden’s duly authorized agent.

      2.  Christmas trees, cacti or yucca which are shipped into the State of Nevada must be accompanied by a shipping permit if required by the laws of the state of origin, or by a duly notarized permit or contract signed by the landowner, or the landowner’s authorized agent, showing the origin by legal land description and the number of plants in the lot being transported.

      (Added to NRS by 1957, 318; A 1977, 779)

      NRS 527.090  Tag required; fee.

      1.  All Christmas trees, cacti or yucca removed or possessed for commercial purposes must have attached thereto a tag issued by the State Forester Firewarden, by the Bureau of Land Management or by the United States Forest Service.

      2.  The State Forester Firewarden may charge a reasonable fee for each tag to help defray costs to the State for enforcement of the laws regulating removal or possession of Christmas trees, cacti or yucca. Money collected by the State Forester Firewarden shall be deposited in the appropriate fund of the State Forester Firewarden.

      (Added to NRS by 1957, 319; A 1963, 55; 1977, 779)

      NRS 527.100  Unlawful acts; regulations of State Forester Firewarden; exception for necessary cutting or trimming by public utility or logging operation.

      1.  Except as otherwise provided by law, it is unlawful for any person, firm, company or corporation, his, her, its or their agent or agents, willfully or negligently to cut, destroy, mutilate, remove or possess any Christmas tree, cactus, yucca or branches thereof, or knowingly transport or sell any Christmas tree, cactus, yucca or its branches from any of the lands owned by or under the jurisdiction of the State of Nevada or its counties, or on any reserved or unreserved lands owned by the United States, or from any privately owned lands, without written permission from the legal owner, or the legal owner’s duly authorized agent, specifying locality by legal land description and number of plants to be removed or possessed.

      2.  For the purpose of sustaining productivity and preservation of the water-supplying functions of Nevada forest lands, the State Forester Firewarden shall adopt such reasonable regulations governing removal or possession of Christmas trees, cacti or yucca as are deemed necessary.

      3.  This section does not apply to necessary cutting or trimming of such plants if done for maintenance of electric power lines, telephone lines or other property of a public utility, or to a logging operation.

      (Added to NRS by 1957, 319; A 1961, 108; 1977, 780, 1167)

      NRS 527.110  Confiscation of plants unlawfully removed or possessed; sale; disposition of proceeds.

      1.  Except as provided in subsection 3, the State Forester Firewarden, or the State Forester Firewarden’s duly authorized agent, officials of the United States Forest Service or of the Bureau of Land Management, and peace officers are hereby authorized to confiscate Christmas trees, cacti or yucca which are removed or possessed in a manner not authorized by law. Plants which are confiscated shall be sold to the highest bidder therefor, by the sheriff of the county wherein the plants were confiscated. The sale shall be held by the sheriff in a like manner as on an execution.

      2.  If it is determined that the plants originated on privately owned lands, the owner thereof shall be notified of the sale, and the proceeds of the sale, after deducting the costs thereof, shall be paid over to the owner.

      3.  If the owner of the lands cannot be determined, or if the plants originated on state lands, the State Forester Firewarden may dispose of the plants without selling them to the highest bidder. If the plants are sold, the net proceeds of sale shall be deposited in the State General Fund.

      4.  If the plants originated on land owned by the Government of the United States, the net proceeds shall be paid over to the federal agency administering the lands.

      (Added to NRS by 1957, 319; A 1961, 107; 1977, 780)

      NRS 527.120  Penalty.  Every person who violates any provision of NRS 527.060 to 527.110, inclusive, not otherwise punishable, is guilty of a misdemeanor.

      (Added to NRS by 1957, 319; A 1967, 609; 1971, 1463; 1977, 780; 1979, 1486)

PRESCRIBED FIRES

      NRS 527.122  Definitions.  As used in NRS 527.122 to 527.128, inclusive, unless the context otherwise requires:

      1.  “Authority” means the State Forester Firewarden, or a local government, whichever is charged with responsibility for fire protection in the area where a prescribed fire is to take place.

      2.  “Prescribed fire” means the prescribed application of fire to natural vegetation under specified conditions and after precautionary actions have been taken to ensure that the fire is confined to a predetermined area.

      (Added to NRS by 1993, 1202; A 2019, 733)

      NRS 527.124  Regulations.  The State Forester Firewarden shall adopt such regulations as the State Forester Firewarden deems necessary to carry out and enforce the provisions of NRS 527.126 and 527.128.

      (Added to NRS by 1993, 1202)

      NRS 527.126  Requirements to conduct fire; governmental immunity.

      1.  The authority may authorize an agency of this state or any political subdivision of this state to commence a prescribed fire.

      2.  A prescribed fire must be conducted:

      (a) Pursuant to a written plan which has been submitted to and authorized by the authority; and

      (b) Under the direct supervision of at least one person who is qualified to oversee such fires and who remains on-site for the duration of the fire.

      3.  A prescribed fire which is commenced pursuant to this section and which complies with laws relating to air pollution shall be deemed in the best interest of the public and not to constitute a public or private nuisance.

      4.  The State of Nevada, an agency of this state or any political subdivision or local government of this state, or any officer or employee thereof, is not liable for any damage or injury to property or persons, including death, which is caused by a prescribed fire that is authorized pursuant to this section, unless the fire was conducted in a grossly negligent manner.

      (Added to NRS by 1993, 1202; A 2019, 733)

      NRS 527.128  Contents of written plan; maintenance of plan on-site for duration of fire; establishment of qualifications for person to oversee fire.

      1.  The written plan required by NRS 527.126 must remain on-site for the duration of the fire. The plan must be prepared by a person qualified to oversee a prescribed fire and contain at least:

      (a) A description and map of the area to be burned;

      (b) A list of the personnel and equipment necessary to commence and control the fire;

      (c) A description of the meteorological factors that must be present before commencing a prescribed fire, including surface wind speed and direction, transport wind speed and direction, minimum mixing height, minimum relative humidity, maximum temperature and fine fuel moisture;

      (d) A description of considerations related to common behavioral patterns of fires in the area to be burned, including various burning techniques, the anticipated length of the flame and the anticipated speed of the fire; and

      (e) The signature of the person who prepared the plan.

      2.  Before signing the written plan, the person qualified to oversee the fire must evaluate and approve the anticipated impact of the fire on surrounding areas which are sensitive to smoke.

      3.  The State Forester Firewarden shall establish the qualifications for a person to oversee a prescribed fire.

      (Added to NRS by 1993, 1203; A 2019, 733)

CONTROL OF FOREST INSECTS AND DISEASES

      NRS 527.130  Definitions.  As used in NRS 527.130 to 527.230, inclusive, unless the context otherwise requires:

      1.  “Control” means preventing, retarding, suppressing, eradicating or destroying forest pests.

      2.  “Forest” or “forest land” means land on which occurs a stand or potential stand of trees valuable for timber products, watershed or wildlife protection, recreational uses or for other purposes.

      3.  “Forest pest” means any insect or disease which is determined by the State Forester to be harmful, injurious or destructive to forests or timber.

      4.  “Infestation” means actual, potential, incipient or emergency infestation or infection by forest pests.

      5.  “Owner” means any person owning any forest or forest lands.

      6.  “State Forester” means the State Forester Firewarden.

      7.  “Timber” includes forest trees, standing or down, dead or alive.

      (Added to NRS by 1957, 634; A 1985, 304, 522)

      NRS 527.140  Purposes of provisions for control of forest insects and diseases; forest pests declared public nuisance.

      1.  The purposes of NRS 527.130 to 527.230, inclusive, are to protect and preserve the forests of this state, promote the stability of forest-using industries, protect recreational wildlife, and to aid in pest and fire control.

      2.  Forest pests are hereby declared to be a public nuisance.

      (Added to NRS by 1957, 635)

      NRS 527.150  Powers of State Forester Firewarden.  The State Forester may, subject to the administrative supervision of the Director of the State Department of Conservation and Natural Resources:

      1.  Employ personnel.

      2.  Procure necessary equipment, supplies and services.

      3.  Enter into contracts in the name of the State Forester.

      4.  Designate or appoint as his or her representatives employees of his or her cooperators, including employees of the United States or any agency thereof.

      5.  Adopt reasonable regulations for effectuating the purposes of NRS 527.130 to 527.230, inclusive.

      (Added to NRS by 1957, 635; A 1977, 1167; 1985, 434)

      NRS 527.160  Duty to survey and investigate to determine presence of forest pests.  The State Forester shall make surveys and investigations to determine the presence of infestations of forest pests. Representatives of the State Forester may enter at reasonable times on public and private lands to make such determinations.

      (Added to NRS by 1957, 635)

      NRS 527.170  Zones of infestation prescribed by State Forester Firewarden.  Whenever the State Forester finds that an area in the State of Nevada is infested or threatened to be infested with forest pests, which infestation is of such character as to be harmful, detrimental, injurious or dangerous to timber and forest growth, the State Forester shall prescribe a zone of infestation covering the area in which control measures are to be applied.

      (Added to NRS by 1957, 635)

      NRS 527.180  Direction to owners within established zone to destroy forest pests: Service; publication.

      1.  The State Forester shall immediately serve written notice by registered or certified mail, return receipt requested, upon all owners within the established zone, to proceed without delay to destroy the forest pests.

      2.  In addition to the written notice, the State Forester shall cause to be published a legal description of the boundaries of the zone of infestation at least once a week for 2 consecutive weeks in one or more newspapers having a general circulation in the county or counties in which the zone of infestation is established.

      (Added to NRS by 1957, 635; A 1969, 95)

      NRS 527.190  Application of measures to control infestation.  Upon the establishment of a zone of infestation, the State Forester shall proceed to apply, or cause to be applied, measures of infestation control on public and private forests and other lands within such zone, and to any trees, timber, shrubs, plants or flora harboring or which may harbor forest pests.

      (Added to NRS by 1957, 635)

      NRS 527.200  State Forester Firewarden may eradicate forest pests upon failure of owner after notice; costs of eradication constitute lien; collection of costs.

      1.  If an owner fails to take appropriate measures to destroy forest pests on the owner’s property within 30 days after the service of notice to do so as provided in NRS 527.180, the State Forester may, without further notice, take such action as the State Forester deems necessary to effect control measures to eradicate the forest pests upon the land.

      2.  The cost of any such control measures may be paid from the Division of Forestry Account, but the costs, or such portion thereof as the State Forester may determine, is a lien on all land of the owner within the zone of infestation.

      3.  The State Forester, subject to the approval of the Director of the State Department of Conservation and Natural Resources, may apply, on such basis as the State Forester deems equitable, any money made available to the department by the Federal Government, by the State or by any public or private agency for the purpose of controlling forest pests to defray all or any portion of the cost of control measures effected on privately owned lands.

      4.  Upon completion of control measures on any privately owned lands, the State Forester shall file with the board of county commissioners of the county or counties in which the lands are located an itemized and sworn statement setting forth the date when the work was done, the nature of the work and the portion of the cost thereof not defrayed by money made available under subsection 3 and chargeable to each owner upon whose lands the work was performed. The board of county commissioners shall thereupon present a bill to each owner for the costs payable by the owner, and if the owner fails for 30 days thereafter to pay the bill, it and costs must be collected in the manner in which delinquent taxes are collected.

      (Added to NRS by 1957, 636; A 1965, 333; 1969, 487; 1977, 1167; 1987, 424)

      NRS 527.210  Dissolution of zone.  Whenever the State Forester shall determine that forest pest control work within an established zone of infestation is no longer necessary or feasible, the State Forester shall dissolve the zone.

      (Added to NRS by 1957, 636)

      NRS 527.220  Cooperation with governmental agencies and organizations.  The State Forester, subject to the approval of the Director of the State Department of Conservation and Natural Resources, may:

      1.  Cooperate with the United States or any agency thereof, agencies of the State, county or municipal governments, agencies of neighboring states or other public or private organizations or persons.

      2.  Use when available personnel, control equipment, supplies or services of the State Department of Agriculture, and accept money, equipment, supplies or services, including prison labor, from other cooperators as the State Forester may deem appropriate.

      3.  Enter into agreements with the United States or its agencies for the matching of federal money as required under the laws of the United States relating to forest pests.

      (Added to NRS by 1957, 636; A 1977, 1168; 1993, 1699; 1999, 3633)

      NRS 527.230  Division of Forestry Account: Receipt and disposition of money.

      1.  All moneys received by the State Forester for the purposes of NRS 527.130 to 527.230, inclusive, including all moneys collected pursuant to NRS 527.200, shall be deposited in the Division of Forestry Account.

      2.  Costs of administration of NRS 527.130 to 527.230, inclusive, shall be paid from the Division of Forestry Account on claims presented by the State Forester in the manner other claims against the State are paid.

      3.  No moneys received pursuant to subsection 1 shall be used for any purpose except to carry out the provisions of NRS 527.130 to 527.230, inclusive.

      (Added to NRS by 1957, 636; A 1973, 128)

USE OF MECHANICAL DEVICES FOR HARVESTING PINE NUTS OR CONES FROM PINON TREES

      NRS 527.240  Declaration of state policy.  It is hereby declared to be the policy of the State of Nevada to protect the tree known as the single-leaf pinon (Pinus monophylla), which is the official state tree of the State of Nevada, which has from time immemorial been a staple food of the Indians of Nevada, and which may be threatened with extinction in the State if mechanical harvesting of its seed, the pine nut, is permitted.

      (Added to NRS by 1961, 8)

      NRS 527.250  Unlawful without written permit; penalty; enforcement.

      1.  It is unlawful for any person, firm, company or corporation to use a mechanical device to harvest cones or pine nuts from a pinon tree on lands owned by or under the control of the State of Nevada, or on any private lands without a written permit therefor from the owner or occupant of the land or the authorized agent of the owner or occupant.

      2.  Any violation of the provisions of this section is a misdemeanor.

      3.  The State Forester Firewarden and his or her representatives and all peace officers shall enforce the provisions of this section.

      (Added to NRS by 1961, 9; A 1971, 1463; 1979, 1486; 1985, 305)

PROTECTION AND PROPAGATION OF SELECTED SPECIES OF NATIVE FLORA

      NRS 527.260  Legislative finding.

      1.  The Legislature finds that:

      (a) The economic growth of the State of Nevada has been attended with some serious and unfortunate consequences. Nevada has experienced the extermination or extirpation of some of its native species of flora. Serious losses have occurred and are occurring in other species of flora with important economic, educational, historical, political, recreational, scientific and aesthetic values.

      (b) The people of the State of Nevada have an obligation to conserve and protect the various species of flora which are threatened with extinction.

      2.  The purpose of NRS 527.260 to 527.300, inclusive, is to provide a program for the conservation, protection, restoration and propagation of selected species of flora and for the perpetuation of the habitats of such species.

      (Added to NRS by 1969, 775)

      NRS 527.270  List of fully protected species declared to be threatened with extinction; special permit required for removal or destruction.  A species or subspecies of native flora shall be regarded as threatened with extinction when the State Forester Firewarden, after consultation with competent authorities, determines that its existence is endangered and its survival requires assistance because of overexploitation, disease or other factors or because its habitat is threatened with destruction, drastic modification or severe curtailment. Any species declared to be threatened with extinction shall be placed on the list of fully protected species, and no member of its kind may be removed or destroyed at any time by any means except under special permit issued by the State Forester Firewarden.

      (Added to NRS by 1969, 775)

      NRS 527.280  Destruction or removal of dangerous species by State Forester Firewarden.  Where any species of flora which is declared to be in danger of extinction pursuant to NRS 527.270 is found to be dangerous to domestic animals or fowl or a menace to health, the State Forester Firewarden may provide for its destruction or its removal, alive, for translocating.

      (Added to NRS by 1969, 775)

      NRS 527.290  Duties of Governor.  The Governor shall review the programs which the Governor administers and, to the extent practicable, utilize such programs in furtherance of the purpose of NRS 527.260 to 527.300, inclusive, and shall encourage other state and federal agencies to use their authorities in such a manner.

      (Added to NRS by 1969, 775)

      NRS 527.300  Powers and duties of State Forester Firewarden.  In carrying out the program authorized by NRS 527.260 to 527.300, inclusive, the State Forester Firewarden, subject to the approval of the Director of the State Department of Conservation and Natural Resources, shall cooperate, to the maximum extent practicable, with other states and with the counties in the State of Nevada, and may enter into agreements with such other states and counties and with other legal entities for the administration and management of any area established pursuant to NRS 527.260 to 527.300, inclusive, for the conservation, protection, restoration and propagation of species of native flora which are threatened with extinction.

      (Added to NRS by 1969, 775; A 1977, 1168)

STATE ARBORETUM

      NRS 527.330  Establishment and purpose; regulations.

      1.  The Board of Regents of the University of Nevada shall establish a state arboretum at each of the universities within the Nevada System of Higher Education to increase the knowledge and appreciation of the public of flora indigenous to Nevada and from other areas and to provide a place where they may be planted and cultivated as memorials.

      2.  The Board of Regents shall adopt regulations for the establishment and maintenance of the arboreta.

      (Added to NRS by 1985, 652; A 1993, 412)