AB59 - Revises provisions relating to governmental administration. (BDR 45-300)

- 83rd Session (2025) Assembly Bill No. 59–Committee on Natural Resources CHAPTER.......... AN ACT relating to governmental administration; revising provisions governing the prohibition against intentionally feeding certain animals; prohibiting, with certain exceptions, a person or any agent or employee of a person from knowingly bringing into or possessing in this State the excrement or bodily fluid of certain animals; revising provisions governing certain civil penalties for unlawfully killing or possessing certain big game mammals; revising provisions relating to the importation, possession and propagation of certain fallow deer or reindeer; providing penalties; and providing other matters properly relating thereto. Legislative Counsel’s Digest: Under existing law, the Board of Wildlife Commissioners is required to classify all wildlife by regulation. (NRS 501.110) Existing law also, with certain exceptions, prohibits a person from intentionally feeding a big game mammal without written authorization from the Department. For the purpose of this prohibition, “big game mammal” is defined to include a pronghorn antelope, black bear, mule deer, mountain goat, mountain lion, Rocky Mountain elk and certain subspecies of bighorn sheep. The penalties for violating this prohibition are: (1) a written warning for a first offense; (2) a fine of not more than $250 for a second offense; and (3) a fine of not more than $500 for a third or subsequent offense. (NRS 501.382) Section 7 of this bill expands this prohibition to apply to: (1) the intentional feeding of any wildlife that is classified as a wild mammal by regulations adopted by the Board of Wildlife Commissioners; and (2) the taking of any bird that is classified as a game bird by regulations adopted by the Board of Wildlife Commissioners by baiting such a game bird or on or above an area that was baited which the person knows or reasonably should have known was baited. Section 1 of this bill makes a conforming change as a result of the expansion of the prohibition to additional animals. With certain exceptions, existing law prohibits a person or the person’s agent or employee from knowingly bringing into or possessing in this State the carcass or part of the carcass of certain animals. (NRS 501.3845) A person who violates this prohibition is: (1) guilty of a misdemeanor, which is punished by a fine of not less than $50 nor more than $500, or by imprisonment in the county jail for not more than 6 months, or by both fine or imprisonment; and (2) liable for certain civil penalties. (NRS 501.385, 501.3855) Section 8 of this bill also prohibits knowingly bringing into or possessing in this State the excrement or bodily fluid of such animals. Section 8 authorizes the seizure, destruction or removal from this State of such excrement or bodily fluid in the same manner as a carcass or part of a carcass. With certain exceptions and in addition to certain authorized penalties, existing law establishes a civil penalty of not less than $5,000 nor more than $30,000 for unlawfully killing or possessing a trophy big game mammal. For the purpose of this civil penalty, a trophy big game mammal is defined as a mule deer with an outside antler measurement of at least 24 inches, a bighorn sheep of any species with at least one horn exceeding a half curl, a Rocky Mountain elk with at least six antler points on one antler, a pronghorn antelope with at least one horn which is more – 2 – - 83rd Session (2025) than 14 inches in length, a mountain goat or a black bear. Also, with certain exceptions and in addition to certain authorized penalties, existing law establishes a civil penalty of not less than $250 and not more than $5,000 for unlawfully killing or possessing certain other animals, including a moose. (NRS 501.3855) Section 9 of this bill makes unlawfully killing or possessing a moose subject to the higher civil penalty for trophy big game mammals of not less than $5,000 nor more than $30,000. For the purposes of identifying a trophy big game mammal for imposition of the higher civil penalty, existing law defines the term “antler point” to exclude the first point on the main beam, commonly known as the eye guard, on mule deer. (NRS 501.3855) Existing regulations interpret the exclusion to apply only to mule deer. (NAC 502.1175) Section 9 codifies this interpretation in the Nevada Revised Statutes. Existing law: (1) prohibits any person without a permit from importing, possessing or propagating alternative livestock, which is defined as any species or subspecies of fallow deer or reindeer, if such animals are born and reared in captivity and raised on private property to produce meat or other by-products or for breeding stock; and (2) requires the State Board of Agriculture to adopt regulations governing the permit program for alternative livestock. In adopting such regulations, existing law requires the State Board of Agriculture to consult with the Department of Wildlife and the Board of Wildlife Commissioners concerning the provisions that are necessary to protect wildlife in this State and in certain areas of special concern. (NRS 501.003, 576.129; NAC 576.100-576.260) A person who violates this prohibition: (1) is guilty of a misdemeanor, which is punished by a fine of not more than $1,000 or imprisonment in the county jail for not more than 6 months, or by both a fine and imprisonment; and (2) may be liable for a civil penalty of not more than $5,000 for each violation. (NRS 193.150, 576.150) Existing law, with certain exceptions, authorizes a person to bring an animal that is not under special quarantine into this State in compliance with regulations adopted by the State Quarantine Officer. (NRS 571.210) Section 25 of this bill eliminates the permit program for alternative livestock, thereby making it a misdemeanor to import, possess or propagate such fallow deer or reindeer in this State, unless pursuant to the regulations adopted by the State Quarantine Officer that authorize certain restricted entry of animals from outside this State. Sections 3, 6, 11-15, 17, 18, 20, 22-24 and 27 of this bill make conforming changes as a result of the elimination of the permit program for alternative livestock by section 25. Section 26 of this bill declares void the regulations adopted by the State Board of Agriculture governing the permit program for alternative livestock. Sections 5 and 10 of this bill make conforming changes to refer to provisions that have been renumbered in section 3. Sections 19 and 21 of this bill make conforming changes by removing references to sections defining “alternative livestock” that are repealed in section 27. EXPLANATION – Matter in bolded italics is new; matter between brackets [omitted material] is material to be omitted. THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS: Section 1. NRS 501.005 is hereby amended to read as follows: 501.005 [Except as otherwise provided in NRS 501.382, “big] “Big game mammal” means any game mammal so classified by Commission regulation. – 3 – - 83rd Session (2025) Sec. 2. (Deleted by amendment.) Sec. 3. NRS 501.181 is hereby amended to read as follows: 501.181 The Commission shall: 1. Establish broad policies for: (a) The protection, propagation, restoration, transplanting, introduction and management of wildlife in this State. (b) The promotion of the safety of persons using or property used in the operation of vessels on the waters of this State. (c) The promotion of uniformity of laws relating to policy matters. 2. Guide the Department in its administration and enforcement of the provisions of this title and of chapter 488 of NRS by the establishment of such policies. 3. Establish policies for areas of interest including: (a) The management of big and small game mammals, upland and migratory game birds, fur-bearing mammals, game fish, and protected and unprotected mammals, birds, fish, reptiles and amphibians. (b) The management and control of predatory wildlife. (c) The acquisition of lands, water rights and easements and other property for the management, propagation, protection and restoration of wildlife. (d) The entry, access to, and occupancy and use of such property, including leases of grazing rights, sales of agricultural products and requests by the Director to the State Land Registrar for the sale of timber if the sale does not interfere with the use of the property on which the timber is located for wildlife management or for hunting or fishing thereon. (e) The control of nonresident hunters. (f) The introduction, transplanting or exporting of wildlife. (g) Cooperation with federal, state and local agencies on wildlife and boating programs. (h) The revocation of licenses issued pursuant to this title to any person who is convicted of a violation of any provision of this title or any regulation adopted pursuant thereto. 4. Establish regulations necessary to carry out the provisions of this title and of chapter 488 of NRS, including: (a) Seasons for hunting game mammals and game birds, for hunting or trapping fur-bearing mammals and for fishing, the daily and possession limits, the manner and means of taking wildlife, including, but not limited to, the sex, size or other physical differentiation for each species, and, when necessary for management purposes, the emergency closing or extending of a – 4 – - 83rd Session (2025) season, reducing or increasing of the bag or possession limits on a species, or the closing of any area to hunting, fishing or trapping. If, in establishing any regulations pursuant to this subsection, the Commission rejects the recommendations of a county advisory board to manage wildlife with regard to the length of seasons for fishing, hunting and trapping or the bag or possession limits applicable within the respective county, the Commission shall provide to the county advisory board to manage wildlife at the meeting an explanation of the Commission’s decision to reject the recommendations and, as soon as practicable after the meeting, a written explanation of the Commission’s decision to reject the recommendations. Any regulations relating to the closure of a season must be based upon scientific data concerning the management of wildlife. The data upon which the regulations are based must be collected or developed by the Department. (b) The manner of using, attaching, filling out, punching, inspecting, validating or reporting tags. (c) The delineation of game management units embracing contiguous territory located in more than one county, irrespective of county boundary lines. (d) The number of licenses issued for big game and, if necessary, other game species. 5. Adopt regulations requiring the Department to make public, before official delivery, its proposed responses to any requests by federal agencies for its comment on drafts of statements concerning the environmental effect of proposed actions or regulations affecting public lands. 6. Adopt regulations: (a) Governing the provisions of the permit required by NRS 502.390 and for the issuance, renewal and revocation of such a permit. (b) Establishing the method for determining the amount of an assessment, and the time and manner of payment, necessary for the collection of the assessment required by NRS 502.390. 7. [Designate those portions of wildlife management areas for big game mammals that are of special concern for the regulation of the importation, possession and propagation of alternative livestock pursuant to NRS 576.129. 8.] Adopt regulations governing the trapping of fur-bearing mammals in a residential area of a county whose population is 100,000 or more. [9.] 8. Adopt regulations prescribing the circumstances under which a person, regardless of whether the person has obtained a – 5 – - 83rd Session (2025) valid tag issued by the Department, may assist in the killing and retrieval of a wounded big game mammal by another person who: (a) Is a paraplegic, has had one or both legs amputated or has suffered a paralysis of one or both legs which severely impedes the person’s walking; and (b) Has obtained a valid tag issued by the Department for hunting that animal. [10.] 9. In establishing any policy or adopting any regulations pursuant to this section, first consider the recommendations of the Department, the county advisory boards to manage wildlife and other persons who present their views at an open meeting of the Commission. Sec. 4. (Deleted by amendment.) Sec. 5. NRS 501.376 is hereby amended to read as follows: 501.376 1. Except as otherwise provided in this section, a person shall not intentionally kill or aid and abet another person to kill a bighorn sheep, mountain goat, elk, deer, moose, pronghorn antelope, mountain lion or black bear: (a) Outside of the prescribed season set by the Commission for the lawful hunting of that animal; (b) Through the use of a manned or unmanned aircraft or helicopter in violation of NRS 503.010; (c) By a method other than the method prescribed on the tag issued by the Department for hunting that animal; (d) Knowingly during a time other than: (1) The time of day set by the Commission for hunting that animal pursuant to NRS 503.140; or (2) If the Commission has not set such a time, between sunrise and sunset as determined pursuant to that section; or (e) Without a valid tag issued by the Department for hunting that animal. A tag issued for hunting any animal specified in this subsection is not valid if knowingly used by a person: (1) Except as otherwise provided by the regulations adopted by the Commission pursuant to subsection [9] 8 of NRS 501.181, other than the person specified on the tag; (2) Outside of the management area or other area specified on the tag; or (3) If the tag was obtained by a false or fraudulent representation. 2. The provisions of subsection 1 do not prohibit the killing of an animal specified in subsection 1 if: – 6 – - 83rd Session (2025) (a) The killing of the animal is necessary to protect the life of any person, pet or livestock in imminent danger of being attacked by the animal; or (b) The animal killed was not the intended target of the person who killed the animal and the killing of the animal which was the intended target would not violate the provisions of subsection 1. 3. A person who violates the provisions of subsection 1 shall be punished for a category E felony as provided in NRS 193.130 or, if the court reduces the penalty pursuant to this subsection, for a gross [Text truncated for display. Full text available on LegiScan.]