NRS503.597. Introduction or removal of aquatic life or wildlife: Approval required; investigation; regulations; penalties.

      1.  Except as otherwise provided in this section, it is unlawful, except by the written consent and approval of the Department, for any person at anytime to receive, bring or have brought or shipped into this State, or remove from one stream or body of water in this State to any other, or from one portion of the State to any other, or to any other state, any aquatic life or wildlife, or any spawn, eggs or young of any of them.

      2.  The Department shall require an applicant to conduct an investigation to confirm that such an introduction or removal will not be detrimental to the wildlife or the habitat of wildlife in this State. Written consent and approval of the Department may be given only if the results of the investigation prove that the introduction, removal or importation will not be detrimental to existing aquatic life or wildlife, or any spawn, eggs or young of any of them.

      3.  The Commission may through appropriate regulation provide for the inspection of such introduced or removed creatures and the inspection fees therefor.

      4.  The Commission may adopt regulations to prohibit the importation, transportation or possession of any species of wildlife which the Commission deems to be detrimental to the wildlife or the habitat of the wildlife in this State.

      5.  A person who knowingly or intentionally introduces, causes to be introduced or attempts to introduce an aquatic invasive species or injurious aquatic species into any waters of this State is guilty of:

      (a) For a first offense, a misdemeanor; and

      (b) For any subsequent offense, a category E felony and shall be punished as provided in NRS 193.130.

      6.  A court before whom a defendant is convicted of a violation of subsection 5 shall, for each violation, order the defendant to pay a civil penalty of at least $25,000 but not more than $250,000. The money must be deposited into the Wildlife Fund Account in the State General Fund and used to:

      (a) Remove the aquatic invasive species or injurious aquatic species;

      (b) Reintroduce any game fish or other aquatic wildlife destroyed by the aquatic invasive species or injurious aquatic species;

      (c) Restore any habitat destroyed by the aquatic invasive species or injurious aquatic species;

      (d) Repair any other damage done to the waters of this State by the introduction of the aquatic invasive species or injurious aquatic species; and

      (e) Defray any other costs incurred by the Department because of the introduction of the aquatic invasive species or injurious aquatic species.

      7.  The provisions of this section do not apply to:

      (a) Alternative livestock and products made therefrom; or

      (b) The introduction of any species by the Department for sport fishing or other wildlife management programs.

      8.  As used in this section:

      (a) “Aquatic invasive species” means an aquatic species which is exotic or not native to this State and which the Commission has determined to be detrimental to aquatic life, water resources or infrastructure for providing water in this State.

      (b) “Injurious aquatic species” means an aquatic species which the Commission has determined to be a threat to sensitive, threatened or endangered aquatic species or game fish or to the habitat of sensitive, threatened or endangered aquatic species or game fish by any means, including, without limitation:

             (1) Predation;

             (2) Parasitism;

             (3) Interbreeding; or

             (4) The transmission of disease.

      [Part 43:101:1947; A 1949, 292; 1951, 494]—(NRS A 1957, 175; 1969, 1358; 1993, 431, 1676; 1995, 514; 2003, 1552; 2011, 2401)