Nev. Admin. Code § 502.426

Current through August 29, 2024

Section 502.426 - Issuance, validity, contents and use of tags; fees; reissuance of application; appeal of denial of application

1. If the owner applicant enters into a cooperative agreement with the Department and the Department approves the application for a damage compensation tag, the owner applicant is eligible for the issuance of one or more damage compensation tags pursuant to subsection 2 or 3.

2. Except as otherwise provided in subsection 3, an owner applicant is eligible for the issuance of:

(a) One damage compensation tag for deer for each 50 deer that caused damage to his or her property; and

(b) One damage compensation tag for antelope for each 50 antelope that caused damage to his or her property.

3. In accordance with paragraph (a) of subsection 6 of NRS 502.145, if the total number of damage compensation tags for all eligible owner applicants during a calendar year exceeds a number equal to 2.5 percent of the total number of deer and antelope tags which are authorized for issuance throughout the State for that calendar year and:

(a) The issuance of the first damage compensation tag for deer or the first damage compensation tag for antelope in accordance with subsection 2 would cause the total number of damage compensation tags for all eligible owner applicants during the calendar year to exceed 2.5 percent of the total number of deer and antelope tags which are authorized for issuance throughout the State for that calendar year, the Department shall increase, incrementally by 0.5, the number of deer for which one damage compensation tag for deer must be issued in accordance with subsection 2 and the number of antelope for which one damage compensation tag must be issued in accordance with subsection 2, until the total number of damage compensation tags for all eligible owner applicants during the calendar year is equal to or less than 2.5 percent of the total number of deer and antelope tags which are authorized for issuance throughout the State for that calendar year.

(b) The issuance of the cumulative number of damage compensation tags for deer in accordance with subsection 2 and the cumulative number of damage compensation tags for antelope in accordance with subsection 2 would cause the cumulative number of damage compensation tags for all eligible owner applicants during the calendar year to exceed 2.5 percent of the total number of deer and antelope tags which are authorized for issuance throughout the State for that calendar year, the Department shall:

(1) Issue one damage compensation tag for deer for the first 50 deer that caused damage to the property of an owner applicant and one damage compensation tag for antelope for the first 50 antelope that caused damage to the property of an owner applicant; and

(2) Issue the remaining number of damage compensation tags by increasing, incrementally by 0.5, the number of deer for which one damage compensation tag for deer must be issued in accordance with subsection 2 and the number of antelope for which one damage compensation tag for antelope must be issued in accordance with subsection 2, until the total number of damage compensation tags issued pursuant to this subparagraph and subparagraph (1) for all eligible owner applicants during the calendar year is equal to or less than 2.5 percent of the total number of deer and antelope tags which are authorized for issuance throughout the State for that calendar year.

4. If the Department issues a damage compensation tag, the tag is valid for use in the calendar year after the calendar year in which the application was submitted.

5. The unit or units within a management area or areas for which the Department issues a damage compensation tag must be limited to the unit or units within the management area or areas in which the damaged property is located.

6. The Department shall indicate on each damage compensation tag it issues:

(a) The period or periods during the calendar year for which the tag is valid, which must be limited to the hunting season or seasons, other than a hunting season for a tag issued pursuant to subsection 5 of NRS 502.250, established by the Commission for antlered mule deer or antelope with horns longer than their ears, as appropriate for the species to which the tag applies, in the unit or units within the management area or areas in which the damaged property is located and for which the tag is valid; and

(b) The unit or units within the management area or areas in which the damaged property is located and for which the tag is valid.

7. A person possessing a valid damage compensation tag may hunt only:

(a) During the period or periods indicated by the Department on the tag, as established by the Commission;

(b) With the type of weapon designated for the type of hunt to which each such period applies, as established by the Commission; and

(c) In the unit or units within the management area or areas established by the Commission:

(1) In which the damaged property is located; and

(2) For which the tag is valid.

8. Damage compensation tags will only be issued to owner applicants and sold to hunters through the headquarters of the Department.

9. The fee charged for a damage compensation tag will include:

(a) A fee of $50 for each such tag;

(b) A license fee based on the status of the hunter as a resident or nonresident; and

(c) The fee specified in NAC 502.331 for acting upon each application for a tag.

10. If the Department provides a refund for a cancelled tag under the conditions set forth in NAC 502.422, the Department may reissue an application for a damage compensation tag to the owner applicant.

11. If the Department denies an application for a damage compensation tag, the owner applicant may appeal the decision to the Commission within 10 days after the Department notifies the owner applicant of the decision. A request for an appeal pursuant to this subsection must be submitted in writing to the Secretary of the Commission. As soon as practicable after receiving such a request, the Chair of the Commission will appoint a panel consisting of not less than two members of the Commission to consider the appeal. The panel shall notify the Commission in writing of its determination. If the panel is unable to make a determination, the Commission will appoint another panel to consider the appeal in accordance with this subsection. The determination of a panel appointed pursuant to this subsection is a final decision for the purposes of judicial review.

Nev. Admin. Code § 502.426

Added to NAC by Bd. of Wildlife Comm'rs, eff. 7-16-92; A 10-26-93, eff. 10-1-93; 11-29-95; R168-99, 1-19-2000; R113-01, 12-17-2001; R107-02, 1-21-2003; R030-06, 6-1-2006; A by R083-19A, eff. 10/25/2021

NRS 501.105, 501.181 and 502.145