Nev. Admin. Code § 502.Sec. 1.1 - NEW
1.
Except as otherwise provided in subsection 2, a holder of a tag may claim an
extenuating circumstance and request to transfer the tag, return the tag for
the restoration of bonus points or defer the use of the tag pursuant to
NRS
502.103 only in accordance with the
requirements of this section.
2. A
holder of a tag may not defer the use of a tag:
(a) Awarded:
(1) From the alternate list generated
pursuant to NAC
502.421;
(2) To an eligible hunter who applied
electronically for any remaining tags after tags have been issued for a season
pursuant to NAC
502.4215;
(3) Through the issuance of special incentive
elk tags pursuant to NAC
502.42253 to
502.42283, inclusive;
(4) From the drawing for restricted
nonresident deer tags pursuant to NAC
502.423 to
502.4238, inclusive;
(5) Through the issuance of damage
compensation tags pursuant to NAC
502.424 to
502.4268, inclusive;
(8) Through a bid, auction or Silver State
Tag Drawing conducted pursuant to
NRS
502.250; or
(b) If there will not be an identically
matching open season for the big game mammal for which the tag was issued in
the year immediately following the year for which the tag was
awarded.
3. A person who
applies for a big game tag may designate a beneficiary of the tag. Upon the
death of the holder of the tag, if the designated beneficiary provides a death
certificate to the Department, the designated beneficiary will be treated as if
he or she were awarded the tag pursuant to subsection 8. The designated
beneficiary may:
(a) Use the tag if he or she
is otherwise eligible to hunt a big game mammal in this State, subject to any
applicable waiting period, as long as the person has not been suspended by the
Department from using a tag;
(b)
Transfer the tag to a qualified organization approved by the Department
pursuant to section 1; or
(c)
Return the tag to the Department.
4. If the holder of a tag is diagnosed as
terminally ill after the tag has been awarded, the holder of the tag may claim
an extenuating circumstance and request to transfer the tag to another person
who is otherwise eligible to hunt a big game mammal in this State. A request by
the holder of a tag to transfer the tag to another person pursuant to this
subsection must be received by the Department not later than 5 business days
before the opening day of the season for which the tag was issued.
5. Except as otherwise provided in
subsections 2 and 10, the Department shall allow the holder of a tag to return
the tag to the Department pursuant to NAC 502.422, for the restoration of any
bonus points that he or she used to obtain the tag or defer the use of the tag
to the next year's identically matching open season if any of the following
extenuating circumstances occur after the last day that the holder is entitled
to return the tag pursuant to NAC 502.422 but before hunting hours begin on the
opening day of the season for which the tag was issued:
(a) The death of a family member of the
holder of the tag, as verified by a certificate of death;
(b) The holder of the tag or a family member
of the holder incurs a severe and unanticipated injury or illness which
prevents the holder from hunting during the season for which the tag was
issued, as verified in writing by a physician; or
(c) The holder of the tag is serving in the
Armed Forces of the United States and is transferred to a location which makes
it impracticable for the holder to hunt in the area for which the tag was
issued, as verified by a copy of his or her orders or other proof satisfactory
to the Department.
6. If
the holder of the tag claims an extenuating circumstance as described in
subsections 4 and 5, he or she must:
(a)
Except as otherwise provided in subsection 4, return the tag to the Department
not later than 14 business days after the opening day of the season for which
the tag was issued;
(b) Attest that
he or she did not hunt on the tag, as that term is defined in
NRS
501.050; and
(c) Submit evidence to the Department of the
extenuating circumstance. In the case of the death of a family member, if the
holder of the tag has not received a death certificate for the deceased person
within the 14 business days required to return the tag to the Department
pursuant to paragraph (a), the death certificate may be submitted to the
Department at such time as the holder of the tag receives a copy of the death
certificate.
7.
Notwithstanding the provisions of subsections 4, 5 and 6, a holder of a tag
that experiences an extenuating circumstance as described in subsections 4 and
5 may instead request to transfer the tag to a qualifying organization in
accordance with the provisions of section 1.
8. If a tag is transferred to another person
or a qualified organization pursuant to this section or section 1, both the
original holder of the tag and the new recipient of the tag will be treated as
if he or she drew the tag with respect to any applicable waiting periods and
bonus points.
9. The Department
shall process the transfer, return or deferral within 5 business days after
receiving the tag.
10. The
provisions of this section do not apply to the holder of a tag who is serving
in the Armed Forces of the United States if he or she defers the use of a tag
pursuant to NAC
502.336.
11. The Department shall update the
Commission on all tags that are transferred, returned or deferred pursuant to
this section and section 1.
12. As
used in this section:
(a) "Family member" has
the meaning ascribed to it in
NRS
502.103.
(b) "Terminally ill" has the meaning ascribed
to it in NRS
449A.081.
Notes
NRS 501.105, 501.181, 502.103, 502.104
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