Sources: Nevada Revised Statutes Annotated, 1986, Title 45; 1991 Cumulative Supplement.
STATE WILDLIFE POLICY
Wildlife in this state not domesticated and in its natural habitat is part of the natural resources belonging to the people of the State of Nevada. The preservation, protection, management and restoration of wildlife within the state contribute immeasurably to the aesthetic, recreational and economic aspects of these natural resources (501.100). The legislature finds that: the economic growth of Nevada has been attended with some serious and unfortunate consequences. Nevada has experienced the extermination or extirpation of some of her native species of animals, including fish and vertebrate wildlife. Serious losses have occurred and are occurring in other species of native wild animals with important economic, educational, historical, political, recreational, scientific and aesthetic values; the people of Nevada have an obligation to conserve and protect the various species of native fish and wildlife that are threatened with extinction. The purpose of 503.584 through 503.589 is to provide a program for the: conservation, protection, restoration and propagation of selected species of native fish and other vertebrate wildlife, including migratory birds; perpetuation of the populations and habitats of the species (503.584). See also PROTECTED SPECIES OF WILDLIFE.
PROTECTED SPECIES OF WILDLIFE
For the purposes of this title, wildlife must be classified as follows: wild mammals, which must be further classified as either game, fur-bearing, protected or unprotected; wild birds, which must be further classified as either game, protected or unprotected, with game birds being further classified as upland game or migratory; fish, which must be further classified as either game, protected or unprotected; reptiles, mollusks and crustaceans, all of which must be further classified as protected or unprotected; amphibians, which must be classified as either game, protected or unprotected. Protected wildlife may be further classified as either sensitive, threatened or endangered. Each species of wildlife must be placed in a classification by regulation, and species may be moved from one classification to another when in the public interest (501-110).
A species/subspecies of native fish, wildlife and other fauna shall be regarded as threatened with extinction when the Commission, after consultation with competent authorities, determines that its existence is endangered and its survival requires assistance because of overexploitation, disease or other factors or its habitat is threatened with destruction, drastic modification or severe curtailment. An animal declared to be threatened with extinction shall be placed on the list of fully protected species, and no member of its kind may be captured, removed or destroyed except under special Department permit (503.585). Where a bird, mammal or other wildlife declared to be in danger of extinction under 503.585 is found to be destructive of domestic animals or fowl or a menace to health, the Department may provide for its destruction or translocating (503.586). The Commission shall manage land for conserving, protecting, restoring and propagating selected species of native fish, wildlife and other vertebrates and their habitats threatened with extinction and destruction (503.587). The Governor shall review the programs which he administers, and to the extent practicable, utilize the programs in furtherance of these provisions, and encourage other state and federal agencies to use their authorities in such a manner (503.588). In carrying out the program authorized by 503.584 through 503.589, the Director may cooperate with other states, counties and legal entities for the management of habitat areas established for the conservation, protection, restoration and propagation of species of native fish, wildlife and other fauna threatened with extinction (503.590).
Except as provided, it is unlawful to kill, destroy, wound, trap, injure, possess dead or alive, or in any other manner to capture or pursue with such intent American eagles or golden eagles, or to take, injure, possess or destroy their nests. The Department may issue permits consistent with federal law to take bald eagles or golden eagles when they have become seriously injurious to wildlife or agricultural or other interests, and the injury is substantial and can be abated only by taking some or all of the offending birds (503.610). Except as provided, it is unlawful to hunt or possess, dead or alive, birds, nests or eggs protected by the Migratory Bird Treaty Act of 1918 as amended, or by Commission regulation (503.620).
HABITAT PROTECTION
The Department is authorized, under Commission approval, to enter into agreements with landowners, individually or in groups, to establish wildlife management areas under Commission regulations to provide greater areas for the public to hunt or fish on private lands and to protect the landowner from damage due to trespass or excessive hunting or fishing pressure. Agreements shall provide that the Department shall designate and post certain portions of the area as closed zones for the protection of livestock, buildings, persons and other properties. Agreements may designate the number of hunters/fishermen who may be admitted to the area (504.140).
To effectuate a balanced program resulting in maximum revival of wildlife and maximum recreational advantages to the people, the Commission maintains state-owned wildlife management areas and cooperative wildlife management areas with the USFW and USDI and other federal agencies. The Commission may permit hunting, fishing or trapping within, access to, and occupancy and use of such areas and may by regulation: establish, extend, shorten or abolish open/closed seasons; establish or change bag and creel limits; prescribe manner and means of taking; establish, change or abolish restrictions based upon sex, maturity or other physical distinctions within wildlife management areas (504.143). The Department may, if leases or sales do not interfere with the use of real property for wildlife management or for hunting/fishing thereon: lease for up to five years grazing/pasturage rights in real property assigned to the Department; sell crops or agricultural products produced on the property; advertise for bids for lease/sale of the lands (504.147).
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New Mexico Center for Wildlife Law
University of New Mexico School of Law
1117 Stanford NE, Albuquerque, NM 87131
(505) 277-5006
lprovenc@unm.edu