(Reprinted with amendments adopted on April 9, 2003)

 

Senate Bill No. 135–Senators Titus, Rhoads, Carlton, Schneider, McGinness and Amodei

 

February 17, 2003

____________

 

Referred to Committee on Natural Resources

 

SUMMARY—Revises provisions governing killing or possessing of certain animals and penalty for violating those provisions. (BDR 45‑711)

 

FISCAL NOTE:  Effect on Local Government: No.

                           Effect on the State: Yes.

 

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EXPLANATION – Matter in bolded italics is new; matter between brackets [omitted material] is material to be omitted.

 

AN ACT relating to wildlife; revising the provisions governing the killing or possessing of certain animals; revising the penalties for violating those provisions; and providing other matters properly relating thereto.

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

1-1  Section 1. NRS 501.171 is hereby amended to read as follows:

1-2  501.171  1.  A county advisory board to manage wildlife shall

1-3  submit written nominations for appointments to the Commission

1-4  upon the request of the Governor and may submit nominations at

1-5  any other time.

1-6  2.  After consideration of the written nominations submitted by

1-7  a county advisory board to manage wildlife and any additional

1-8  candidates for appointment to the Commission, the Governor shall

1-9  appoint to the Commission:

1-10      (a) One member who is actively engaged in the conservation of

1-11  wildlife;

1-12      (b) One member who is actively engaged in farming;

1-13      (c) One member who is actively engaged in ranching;

1-14      (d) One member who represents the interests of the general

1-15  public; and

2-1  (e) Five members who during at least 3 of the 4 years

2-2  immediately preceding their appointment held a resident license to

2-3  fish or hunt, or both, in Nevada.

2-4  3.  The Governor shall not appoint to the Commission any

2-5  person who has been convicted of:

2-6  (a) A felony or gross misdemeanor for a violation of NRS

2-7  501.376 ; [, 502.060 or 504.395; or]

2-8  (b) A gross misdemeanor for a violation of NRS 502.060 or

2-9  504.395; or

2-10      (c) Two or more violations of the provisions of chapters 501 to

2-11  504, inclusive, of NRS,

2-12  during the previous 10 years.

2-13      4.  Not more than three members may be from the same county

2-14  whose population is 400,000 or more, not more than two members

2-15  may be from the same county whose population is 100,000 or more

2-16  but less than 400,000, and not more than one member may be from

2-17  the same county whose population is less than 100,000.

2-18      5.  The Commission shall annually select a Chairman and a

2-19  Vice Chairman from among its members. A person shall not serve

2-20  more than two consecutive terms as Chairman.

2-21      Sec. 2.  NRS 501.172 is hereby amended to read as follows:

2-22      501.172  1.  A member of the Commission may be removed

2-23  from office for just cause.

2-24      2.  A member of the Commission must be removed from office

2-25  for:

2-26      (a) A conviction of a felony or gross misdemeanor for a

2-27  violation of NRS 501.376 ; [, 502.060 or 504.395; or]

2-28      (b) A conviction of a gross misdemeanor for a violation of

2-29  NRS 502.060 or 504.395; or

2-30      (c) Two or more convictions of violating the provisions of

2-31  chapters 501 to 504, inclusive, of NRS.

2-32      Sec. 3.  NRS 501.376 is hereby amended to read as follows:

2-33      501.376  1.  [Any person who unlawfully kills or possesses] A

2-34  person shall not willfully kill or aid and abet another person in

2-35  killing a bighorn sheep, mountain goat, elk, deer, pronghorn

2-36  antelope, mountain lion or black bear [without a valid tag is guilty

2-37  of a gross misdemeanor. This subsection does not prohibit the

2-38  killing of such an animal if necessary to protect the life or property

2-39  of any person in imminent danger of being attacked by such an

2-40  animal.

2-41      2.] :

2-42      (a) Outside of the prescribed season set by the Commission for

2-43  the lawful hunting of that animal;

2-44      (b) By other than the method prescribed on the tag issued by

2-45  the Division for hunting that animal;

3-1  (c) In a manner, during a time or in a place otherwise

3-2  prohibited by a specific statute or a regulation adopted by the

3-3  Commission; or

3-4  (d) Without a valid tag issued by the Division for hunting that

3-5  animal. A tag issued for hunting any [big game mammal] animal

3-6  specified in this subsection [1] is not valid if knowingly used by a

3-7  person:

3-8  [(a)] (1) Other than the person specified on the tag;

3-9  [(b)] (2) Outside of the management area or other area specified

3-10  on the tag;

3-11      [(c) Outside of the dates established by the Commission for the

3-12  lawful taking of the big game mammal specified on the tag;

3-13      (d) Outside of the hours set pursuant to NRS 503.140 for the

3-14  lawful hunting of the big game mammal specified on the tag; or

3-15      (e)] ; or

3-16          (3) If the tag was obtained by a false or fraudulent

3-17  representation.

3-18  This subsection does not prohibit the killing of such an animal if

3-19  necessary to protect the life or property of any person in imminent

3-20  danger of being attacked by such an animal.

3-21      2.  A person who violates the provisions of subsection 1 is

3-22  guilty of a category E felony and shall be punished as provided in

3-23  NRS 193.130.

3-24      3.  If a person kills more than one animal in violation of

3-25  subsection 1, the court shall consider that fact as an aggravating

3-26  factor in determining his sentence.

3-27      4.  A person shall not willfully possess any animal specified in

3-28  subsection 1 if the person knows the animal was killed in violation

3-29  of subsection 1 or the circumstances should have caused a

3-30  reasonable person to know that the animal was killed in violation

3-31  of subsection 1.

3-32      5.  A person who violates the provisions of subsection 4 is

3-33  guilty of a gross misdemeanor.

3-34      Sec. 4.  NRS 501.388 is hereby amended to read as follows:

3-35      501.388  1.  The Commission may, in addition to any

3-36  suspension, revocation or other penalty imposed pursuant to any

3-37  other provision of this title:

3-38      (a) Revoke any license of any person who is convicted of a

3-39  violation of NRS 503.050, and may refuse to issue any new license

3-40  to the convicted person for any period not to exceed 5 years after the

3-41  date of the conviction; and

3-42      (b) Revoke any license of any person who is convicted of

3-43  unlawfully killing or possessing a bighorn sheep, mountain goat,

3-44  elk, deer, pronghorn antelope, mountain lion or black bear [without

3-45  a valid tag,] in violation of NRS 501.376, and may:

4-1       (1) Refuse to issue any new license to the convicted person

4-2  for any period not to exceed 3 years; and

4-3       (2) Revoke that person’s privilege to apply for any big game

4-4  tag for a period not to exceed 10 years.

4-5  2.  The court in which the conviction is had shall require the

4-6  immediate surrender of all such licenses and shall forward them to

4-7  the Commission.

 

4-8  H