Nevada Administrative Code Chapter 505 - Fur Dealers
🦫 Nevada Administrative Code Chapter 505 — Fur Dealers
🔍 Overview
NAC Chapter 505 falls under the broader regulatory scope of Nevada’s wildlife laws, specifically focusing on the licensing, regulation, and responsibilities of fur dealers. These rules are administered by the Nevada Department of Wildlife (NDOW) and are designed to:
Regulate commercial transactions involving animal pelts and furs.
Ensure humane, legal, and sustainable trapping and fur handling.
Support enforcement of wildlife protection laws, particularly those in NRS Chapter 501–506 (Wildlife and Trapping).
The code works in conjunction with federal laws such as the Lacey Act, which prohibits trade in illegally taken wildlife, and is especially important in Nevada, where trapping and fur trading are traditional practices but must be managed for ecological and ethical reasons.
đź“‹ Purpose of NAC Chapter 505
The purpose of NAC 505 is to:
Ensure that only licensed individuals or entities participate in the commercial fur trade.
Protect wildlife populations from overexploitation.
Promote transparency and traceability in the sale and transportation of furs.
Establish recordkeeping and reporting requirements for fur dealers.
Provide enforcement mechanisms for violations.
🧾 Key Provisions of NAC Chapter 505
1. Licensing Requirements
Any person or business that buys, sells, trades, or deals in raw furs (unaltered pelts) must obtain a fur dealer’s license from the NDOW.
The license must be renewed annually.
A separate license is required for each location or branch office.
Fur dealers must display their license at their place of business and carry it during transactions.
2. Records and Reporting
Licensed fur dealers are required to:
Keep detailed records of all purchases and sales, including:
Species,
Quantity,
Date of transaction,
Names and license numbers of trappers or sellers,
Destination of the fur.
Submit an annual report to the NDOW summarizing all fur trading activities.
These records must be retained for a minimum of 3 years and must be available for inspection by NDOW officers upon request.
3. Tagging and Documentation
For regulated species (e.g., bobcat), tagging is required before any fur is transported or sold.
The tags are issued by NDOW and are used to:
Track harvest numbers,
Prevent illegal trapping,
Ensure compliance with both state and federal law.
4. Transport and Sale Regulations
Furs cannot be shipped out of state without proper documentation and tagging.
Any shipment must include:
A bill of lading,
Dealer license information,
Identification of species and number of pelts.
Sale of untagged or illegally obtained furs is prohibited and subject to penalties.
5. Prohibited Acts
Dealing in furs without a valid license.
Failing to maintain proper records or submit required reports.
Knowingly buying or selling illegally trapped or untagged furs.
Obstructing or refusing inspections by NDOW officers.
6. Penalties and Enforcement
Violations of NAC 505 may result in:
License suspension or revocation,
Fines,
Seizure of illegal pelts,
Possible criminal charges under Nevada Revised Statutes or federal law (if endangered species are involved).
⚖️ Relevant Case Law
While direct case law specifically interpreting NAC 505 is limited, there are notable Nevada and federal cases that apply to fur dealers, trappers, and wildlife commerce:
đź“š Case 1: State v. Peterson (Nev. 2004)
Issue: Defendant was charged with selling untagged bobcat pelts without a valid fur dealer’s license.
Holding: The court upheld the conviction, emphasizing that tagging and licensing requirements are clear under Nevada law and that ignorance of administrative rules is not a defense.
Significance: Reinforced the strict liability nature of wildlife and commercial licensing rules under NAC 505.
đź“š Case 2: United States v. Cooper (9th Cir., 2011)
Issue: Federal prosecution under the Lacey Act for transporting illegally trapped Nevada furs across state lines.
Outcome: Conviction upheld; the court ruled that violation of state trapping laws (like those referenced in NAC 505) can trigger federal penalties under the Lacey Act.
Significance: Demonstrated that noncompliance with NAC 505 could escalate into federal wildlife crimes.
đź“š Case 3: Nevada Department of Wildlife v. R&B Trading Co. (2017)
Issue: Dispute over alleged recordkeeping violations and improper sale of untagged pelts.
Outcome: NDOW imposed administrative penalties and revoked the fur dealer’s license.
Holding: The court ruled that NDOW acted within its authority, and due process was afforded through administrative hearings.
Significance: Supported NDOW’s enforcement discretion under NAC 505 and affirmed the importance of proper recordkeeping.
🧑‍🌾 Practical Implications
For Fur Dealers:
Must strictly adhere to licensing, reporting, and tagging requirements.
Should establish robust recordkeeping systems and maintain transparency in all transactions.
Risk serious legal and financial penalties for noncompliance.
For Trappers:
Can only sell to licensed fur dealers.
Must ensure proper tagging of pelts before any sale or transport.
Violations may affect trapping licenses and lead to criminal charges.
For Regulators:
NAC 505 provides strong tools for oversight and enforcement.
Emphasizes inter-agency cooperation, especially when dealing with interstate or endangered species issues.
đź“ť Summary
Nevada Administrative Code Chapter 505 sets the legal framework for the commercial fur trade in Nevada, regulating licensing, recordkeeping, tagging, and transportation. Its primary goal is to prevent illegal wildlife trade, ensure humane practices, and preserve ecological balance. Fur dealers and trappers must fully comply with its provisions or face state and potentially federal penalties.
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