Full Statute Name:  West's Nevada Revised Statutes Annotated. Title 45. Wildlife. Chapter 503. Hunting, Fishing and Trapping; Miscellaneous Protective Measures. Miscellaneous Protective Measures. 503.610. Protection of bald eagle and golden eagle

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Primary Citation:  N.R.S. 503.610 Country of Origin:  United States Last Checked:  January, 2022 Alternate Citation:  NV ST 503.610 Date Adopted:  1963 Historical: 
Summary: Nevada has a law that specifically protects both bald (American) and golden eagles. The statute makes it illegal to possess or capture by whatever means either species. The law does allow for the taking of an eagle pursuant to permit only if the eagle has seriously injured agricultural or other interests, provided it is consistent with federal law and no other alternative is appropriate.

1. Except as otherwise provided in this section, it is unlawful for any person, firm, company, corporation or association to kill, destroy, wound, trap, injure, possess dead or alive, or in any other manner to catch, capture, take or remove from the wild, or to pursue with such intent the birds known as the bald eagle and the golden eagle, or to take or remove from the wild, injure, possess or destroy the nests, eggs or newly hatched offspring of such birds.

2. The Department may issue permits to take bald eagles or golden eagles whenever it determines that they have become seriously injurious to wildlife or agricultural or other interests in any particular area of the State and the injury complained of is substantial and can only be abated by taking some or all of the offending birds. The issuance of such permits must be consistent with federal law.

3. The Department may authorize a person who is licensed as a master falconer by the Department pursuant to NRS 503.583 and who meets the conditions set forth in 50 C.F.R. § 21.29 to possess a golden eagle that is obtained from the wild if the golden eagle:

(a) Is obtained for the rehabilitation of the golden eagle in accordance with federal law;

(b) Is obtained in another state in accordance with federal law, including, without limitation, the federal depredation permit lottery system, and the laws of that state;

(c) Is legally possessed by a master falconer in another state and that master falconer moves to this State; or

(d) Is transferred to the master falconer from another falconer who is licensed in this State or another state. Such a transfer may only occur if it is authorized by the Department in the manner set forth in any regulations adopted by the Commission pursuant to subsection 6, if applicable.

4. If the Commission adopts regulations pursuant to paragraph (a) of subsection 6 and authorizes the transportation, transfer, possession or use of a golden eagle in falconry, the Department shall require a person who possesses a golden eagle pursuant to subsection 3 to obtain an eagle permit from the Department.

5. The eagle permit obtained pursuant to subsection 4:

(a) Is deemed to be a permit to possess a golden eagle for the purposes of 50 C.F.R. § 22.24; and

(b) Authorizes the holder to lawfully transport, transfer, possess or use a golden eagle in falconry in the manner set forth in the eagle permit that is issued by the Department.

6. The Commission:

(a) May adopt regulations that authorize a person who possesses a golden eagle pursuant to subsection 3 to transport, transfer, possess or use the golden eagle in falconry; and

(b) Shall adopt regulations that establish:

(1) If the Commission adopts regulations pursuant to paragraph (a):

(I) The requirements that a person who possesses a golden eagle pursuant to subsection 3 must comply with to obtain an eagle permit from the Department; and

(II) How the holder of an eagle permit may transport, transfer, possess or use a golden eagle; and

(2) Civil penalties to be imposed against any person firm, company, corporation or association who violates subsection 1.

Credits
Added by C&P (1911), § 546 and Laws 1947, c. 101, § 66. NRS amended by Laws 1963, p. 1277; Laws 1969, p. 1366; Laws 1993, p. 1676; Laws 2003, c. 292, § 96, eff. July 1, 2003; Laws 2021, c. 233, § 3, eff. Oct. 1, 2021.

 

 

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