NRS565.090. Removal of animals from brand inspection district without clearance certificate or permit unlawful; notice of contemplated movement; applicability of section; penalty; regulations for permit to move livestock without brand inspection.

      1.  Except as otherwise provided in subsections 3 and 6 and NRS 565.095, it is unlawful for any person to drive or otherwise remove any animals out of a brand inspection district created under the provisions of this chapter until the animals have been inspected and a brand inspection clearance certificate is issued by the Department or a written permit from the Department has been issued authorizing the movement without brand inspection.

      2.  Any person contemplating the driving or movement of any animals out of a brand inspection district shall notify the Department or an inspector thereof of the person’s intention, stating:

      (a) The place at which it is proposed to cross the border of the brand inspection district with the animals.

      (b) The number and kind of animals.

      (c) The owner of the animals.

      (d) The brands and marks of the animals claimed by each owner and, if they are other than the brands and marks legally recorded in the name of the owner, information concerning the basis for the claim of ownership or legal possession.

      (e) The date of the proposed movement across the border of the brand inspection district and the destination of the movement.

      (f) If a brand inspection is required, a statement setting forth the place where the animals will be held for brand inspection.

      3.  The provisions of this section do not apply to animals whose accustomed range is on both sides of the boundary of any brand inspection district but contiguous to that district and which are being moved from one portion of the accustomed range to another merely for pasturing and grazing thereon.

      4.  Except as otherwise provided in NRS 565.095, the provisions of this section apply at all times to the movement of any animals across the Nevada state line to any point outside of the State of Nevada, except animals whose accustomed range is on both sides of the Nevada state line but contiguous thereto and which are being moved from one portion to another of the accustomed range merely for pasturing and grazing thereon.

      5.  In addition to the penalty imposed in NRS 565.170, a person who violates the provisions of subsection 1 is:

      (a) For the first violation, subject to an immediate brand inspection of the animals by the Department and shall reimburse the Department for its time and mileage and pay the usual fees for the brand inspection.

      (b) For the second and any subsequent violation, ineligible for a permit to move any livestock without a brand inspection until the State Board of Agriculture is satisfied that any future movement will comply with all applicable statutes and regulations.

      6.  The Department may establish regulations specifying the circumstances under which a permit may be issued authorizing the movement of livestock without a brand inspection pursuant to this section. The circumstances may include, without limitation, the routine movement of horses and bulls within and from this State for the purpose of participating in a rodeo.

      [5:145:1929; NCL § 3853]—(NRS A 1961, 542; 1983, 1008; 1993, 1740; 1995, 876; 1999, 3678; 2011, 687)