AB85 - Authorizes the management of designated invertebrates. (BDR 45-229)

REQUIRES TWO-THIRDS MAJORITY VOTE EXEMPT (§ 8 & NRS 502.240) (Reprinted with amendments adopted on April 17, 2025) FIRST REPRINT A.B. 85 - *AB85_R1* ASSEMBLY BILL NO. 85–ASSEMBLYMEMBER WATTS PREFILED DECEMBER 9, 2024 ____________ Referred to Committee on Natural Resources SUMMARY—Authorizes the management of designated invertebrates. (BDR 45-229) FISCAL NOTE: Effect on Local Government: Increases or Newly Provides for Term of Imprisonment in County or City Jail or Detention Facility. Effect on the State: Yes. ~ EXPLANATION – Matter in bolded italics is new; matter between brackets [omitted material] is material to be omitted. AN ACT relating to wildlife; authorizing the management of designated invertebrates by the Board of Wildlife Commissioners and the Department of Wildlife; requiring the Department to coordinate with the State Department of Agriculture in preparing the State Wildlife Action Plan; revising the definition of “wildlife” to include designated invertebrates; establishing a wildlife classification for designated invertebrates; requiring the listing of designated invertebrates as a fully protected species under certain circumstances; providing a penalty; and providing other matters properly relating thereto. Legislative Counsel’s Digest: Existing law establishes certain provisions governing the management of 1 wildlife in this State by the Board of Wildlife Commissioners, commonly known as 2 the “Commission,” and the Department of Wildlife. (Chapter 501 of NRS) This bill 3 expands the wildlife managed by the Commission and Department to include 4 designated invertebrates. As a result of the inclusion of designated invertebrates, 5 certain fees and penalties that apply to violations of certain provisions of existing 6 law relating to wildlife will also apply to violations related to designated 7 invertebrates. (See, e.g., NRS 501.385, 502.240, 504.295) 8 Section 2 of this bill defines “designated invertebrate” to mean any species of 9 invertebrate designated as a species of greatest conservation need in the State 10 Wildlife Action Plan, not including pests, as defined in section 2.5 of this bill. 11 Section 3 of this bill defines “State Wildlife Action Plan.” Section 5 of this bill 12 revises the definition of “wildlife” to include designated invertebrates. 13 – 2 – - *AB85_R1* Section 3.5 of this bill requires the Department, in preparing the State Wildlife 14 Action Plan, to coordinate with the State Department of Agriculture and consider 15 the Nevada Managed Pollinator Protection Plan prepared by the State Department 16 of Agriculture. 17 Section 4 of this bill applies the definitions in sections 2, 2.5 and 3 to the 18 provisions of existing law that govern wildlife. 19 Existing law requires: (1) wildlife to be classified into certain categories; and 20 (2) the Commission to place each species of wildlife in a classification by 21 regulation. (NRS 501.110) Section 6 of this bill establishes a classification for 22 designated invertebrates. 23 Existing law provides that if the Commission determines that the existence of a 24 species or subspecies of native fish, wildlife and other fauna is endangered and its 25 survival requires assistance, the Commission must place the animal on the list of 26 fully protected species and the animal may not be captured, removed or destroyed 27 except by means of a special permit issued by the Department. (NRS 503.585) 28 Sections 7 and 8 of this bill provide for the placement of designated invertebrates 29 on the list of fully protected species. 30 Existing law: (1) requires the Commission and Director of the Department to 31 carry out a program for conserving, protecting, restoring and propagating selected 32 species of native fish, wildlife and other vertebrates and their habitats which are 33 threatened with extinction and destruction; and (2) authorizes the Director to 34 cooperate and enter into agreements with other states, counties and legal entities in 35 carrying out the program. (NRS 503.587, 503.589) Sections 9 and 10 of this bill 36 require the Commission and Director to include designated invertebrates in the 37 program. 38 THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS: Section 1. Chapter 501 of NRS is hereby amended by adding 1 thereto the provisions set forth as sections 2 to 3.5, inclusive, of this 2 act. 3 Sec. 2. “Designated invertebrate” means any species of 4 invertebrate designated as a species of greatest conservation need 5 in the State Wildlife Action Plan. The term does not include pests. 6 Sec. 2.5. “Pest” has the meaning ascribed to it in 7 NRS 555.005. 8 Sec. 3. “State Wildlife Action Plan” means a statewide plan 9 prepared by the Department and approved by the United States 10 Fish and Wildlife Service which sets forth provisions for the 11 conservation of wildlife and wildlife habitat, including, without 12 limitation, provisions for assisting in the prevention of any species 13 of wildlife from becoming threatened or endangered. 14 Sec. 3.5. 1. In preparing the State Wildlife Action Plan, the 15 Department shall: 16 (a) Coordinate with the State Department of Agriculture; and 17 (b) Consider the Nevada Managed Pollinator Protection Plan. 18 2. As used in this section, “Nevada Managed Pollinator 19 Protection Plan” means the plan prepared by the State 20 – 3 – - *AB85_R1* Department of Agriculture to reduce pesticide exposure to certain 1 bees. 2 Sec. 4. NRS 501.001 is hereby amended to read as follows: 3 501.001 As used in this title, unless the context otherwise 4 requires, the words and terms defined in NRS 501.003 to 501.097, 5 inclusive, and sections 2, 2.5 and 3 of this act have the meanings 6 ascribed to them in those sections. 7 Sec. 5. NRS 501.097 is hereby amended to read as follows: 8 501.097 “Wildlife” means any wild mammal, wild bird, fish, 9 reptile, amphibian, mollusk , [or] crustacean or designated 10 invertebrate found naturally in a wild state, whether indigenous to 11 Nevada or not and whether raised in captivity or not. 12 Sec. 6. NRS 501.110 is hereby amended to read as follows: 13 501.110 1. For the purposes of this title, wildlife must be 14 classified as follows: 15 (a) Wild mammals, which must be further classified as either 16 game mammals, fur-bearing mammals, protected mammals or 17 unprotected mammals. 18 (b) Wild birds, which must be further classified as either game 19 birds, protected birds or unprotected birds. Game birds must be 20 further classified as upland game birds or migratory game birds. 21 (c) Fish, which must be further classified as either game fish, 22 protected fish or unprotected fish. 23 (d) Reptiles, which must be further classified as either protected 24 reptiles or unprotected reptiles. 25 (e) Amphibians, which must be further classified as either game 26 amphibians, protected amphibians or unprotected amphibians. 27 (f) Mollusks, which must be further classified as either protected 28 mollusks or unprotected mollusks. 29 (g) Crustaceans, which must be further classified as either 30 protected crustaceans or unprotected crustaceans. 31 (h) Designated invertebrates. 32 2. Protected wildlife may be further classified as either 33 sensitive, threatened or endangered. 34 3. Each species of wildlife must be placed in a classification by 35 regulation of the Commission and, when it is in the public interest to 36 do so, species may be moved from one classification to another. 37 Sec. 7. NRS 503.584 is hereby amended to read as follows: 38 503.584 1. The Legislature finds that: 39 (a) The economic growth of the State of Nevada has been 40 attended with some serious and unfortunate consequences. Nevada 41 has experienced the extermination or extirpation of some of the 42 State’s native species of animals, including fish , [and] vertebrate 43 wildlife [.] and designated invertebrates. Serious losses have 44 occurred and are occurring in other species of native wild animals 45 – 4 – - *AB85_R1* with important economic, educational, historical, political, 1 recreational, scientific and aesthetic values. 2 (b) The people of the State of Nevada have an obligation to 3 conserve and protect the various species of native fish and wildlife 4 that are threatened with extinction. 5 2. The purpose of NRS 503.584 to 503.589, inclusive, is to 6 provide a program for the: 7 (a) Conservation, protection, restoration and propagation of 8 selected species of designated invertebrates, native fish and [other] 9 vertebrate wildlife, including , without limitation, migratory birds; 10 and 11 (b) Perpetuation of the populations and habitats of such species. 12 Sec. 8. NRS 503.585 is hereby amended to read as follows: 13 503.585 A species or subspecies of native fish, wildlife , 14 including, without limitation, vertebrates and designated 15 invertebrates, and other fauna must be regarded as threatened with 16 extinction when the Commission, after consultation with competent 17 authorities, determines that its existence is endangered and its 18 survival requires assistance because of overexploitation, disease or 19 other factors or its habitat is threatened with destruction, drastic 20 modification or severe curtailment. Any animal so declared to be 21 threatened with extinction must be placed on the list of fully 22 protected species, and no member of its kind may be captured, 23 removed or destroyed at any time by any means except under 24 special permit issued by the Department. 25 Sec. 9. NRS 503.587 is hereby amended to read as follows: 26 503.587 The Commission shall use its authority to manage 27 land to carry out a program for conserving, protecting, restoring and 28 propagating selected species of native fish [,] and wildlife [and 29 other] , including, without limitation, vertebrates and designated 30 invertebrates, and their habitats which are threatened with 31 extinction and destruction. 32 Sec. 10. NRS 503.589 is hereby amended to read as follows: 33 503.589 In carrying out the program authorized by NRS 34 503.584 to 503.589, inclusive, the Director shall cooperate, to the 35 maximum extent practicable, with other states and with the counties 36 in the State of Nevada, and the Director may enter into agreements 37 with such other states and counties and with other legal entities for 38 the administration and management of any area established pursuant 39 to NRS 503.584 to 503.589, inclusive, for the conservation, 40 protection, restoration and propagation of species of native fish, 41 wildlife , including, without limitation, vertebrates and designated 42 invertebrates, and other fauna which are threatened with extinction. 43 H