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

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 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.