Section 502.Sec. 1.1 - NEW1. 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;(6) Through a Dream Tag raffle pursuant to NAC 502.4269 to 502.42696, inclusive;(7) Through the Partnership in Wildlife Drawing pursuant to NAC 502.4273 to 502.429, inclusive; or(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.Nev. Admin. Code § 502.Sec. 1.1
Added to NAC by Bd. of Wildlife Comm'rs by R022-19A, eff. 8/26/2020; A by R050-21A, eff. 9/8/2022; A by R014-24A, eff. 6/7/2024NRS 501.105, 501.181, 502.103, 502.104