NAC503.235. Falconry license: Requirement; application; examination; reinstatement; conditions; exceptions.

     1. Except as otherwise provided in subsection 9 and NAC 503.415, a person who is a resident of the State of Nevada and who practices falconry or trains birds of prey must obtain a falconry license of the proper class from the Department. An applicant for a falconry license must include on his or her application:

     (a) The name of the applicant;

     (b) The physical and mailing address of the applicant’s residence;

     (c) The telephone number of the applicant’s residence;

     (d) The date of birth of the applicant;

     (e) The driver’s license number of the applicant, if he or she has been issued a driver’s license;

     (f) The social security number of the applicant;

     (g) The number of raptors the applicant possesses and the species of each;

     (h) The age of each raptor, if known;

     (i) The sex of each raptor, if known;

     (j) The source and date of acquisition of each raptor;

     (k) The leg band number, if required, of each raptor;

     (l) Except as otherwise provided in paragraph (m), the applicant’s signature and the date on which he or she signed the application;

     (m) For an applicant who is less than 18 years of age, the signature of a parent or legal guardian of the applicant; and

     (n) For an application for an apprentice falconry license, a certification statement in substantially the following form:

     I certify that I have read and am familiar with the provisions of Part 13 of Title 50 of the Code of Federal Regulations and any other applicable sections of Subchapter B of Chapter I of Title 50 of the Code of Federal Regulations and that the information I have submitted is complete and accurate to the best of my knowledge and belief. I understand that any intentionally false statement herein may subject me to criminal penalties under federal law, as set forth in 18 U.S.C. § 1001.

     2. If the applicant has moved to this State with the intention of making this State his or her permanent residence and the applicant holds a falconry license issued by the state from which he or she is moving, the applicant may attach a copy of his or her falconry license to his or her application in lieu of taking the examination required by subsection 4. If the applicant fails to attach a copy of his or her falconry license issued by the applicant’s previous state of residence, he or she will be required to take the examination required by subsection 4.

     3. If the applicant has moved to this State with the intent to make this State his or her permanent residence and the applicant holds a falconry license issued by a country other than the United States, the applicant must attach a copy of his or her falconry license to his or her application and must take the examination required by subsection 4 before being issued a falconry license. If the applicant correctly answers 80 percent of the questions on the examination, the Department shall determine, based on the requirements of NAC 503.240 and any documentation of experience in falconry submitted by the applicant, which class of falconry license to issue to the applicant.

     4. Except as otherwise provided in subsections 2 and 3, before the Department issues a falconry license pursuant to this section or reinstates a falconry license pursuant to paragraph (b) of subsection 5, the applicant must correctly answer at least 80 percent of the questions on a supervised examination approved by the United States Fish and Wildlife Service and administered by the Department. The examination will test the applicant’s knowledge of basic biology, the care and handling of raptors, and the literature, laws, and regulations, and other subjects relating to falconry. Failure of the examination will result in a 30-day waiting period after the date of the written examination before reexamination.

     5. If the falconry license of an applicant has been expired:

     (a) For less than 5 years, the Department may reinstate the license at the class previously held by the applicant if the applicant provides evidence satisfactory to the Department that the applicant previously held that class of license; or

     (b) For 5 years or more, the Department may reinstate the license at the class previously held by the applicant if the applicant:

          (1) Provides evidence satisfactory to the Department that the applicant previously held that class of license; and

          (2) Correctly answers at least 80 percent of the questions on the examination required by subsection 4.

     6. A person must possess a valid falconry license when practicing falconry. In addition, a person who releases a raptor at game birds or game mammals during the open season must possess a valid hunting license issued by the Department.

     7. The Department may deny issuance or renewal of any class of falconry license or permit if the applicant has been convicted of a violation of any provision of NAC 503.200 to 503.470, inclusive. An applicant whose license has been denied may appeal the denial to the Commission.

     8. A person who is not a resident of the State of Nevada and who possesses a valid falconry license issued by the state or country of which he or she is a resident does not have to obtain a falconry license of the proper class from the Department to practice falconry while visiting this State.

     9. A person who possesses a raptor solely for commercial displays or exhibitions is not required to obtain a falconry license if:

     (a) The species of raptor used or to be used in the commercial display or exhibition is not listed as a protected species by the Migratory Bird Treaty Act, as amended, 16 U.S.C. §§ 703 et seq.; and

     (b) The raptor is not used for the sport of falconry.

     [Bd. of Fish & Game Comm’rs Gen. Reg. No. 15 § 25.20 & Part § 25.50, eff. 6-1-72; A 9-20-75; 12-15-76; 12-30-77]—(NAC A by Bd. of Wildlife Comm’rs, 4-27-84, eff. 5-25-84; 7-1-97; R047-11, 4-5-2013)