Nevada § 597.905 - Purchase or sale of or possession with intent to sell items made of part or byproduct of certain animals: Prohibition; exceptions; penalties

§ 597.905. Purchase or sale of or possession with intent to sell items made of part or byproduct of certain animals: Prohibition; exceptions; penalties

1. Except as otherwise provided in subsection 2, a person shall not purchase, sell,

offer for sale or possess with intent to sell any item that is, wholly or partially,

made of an animal part or byproduct derived from a shark fin, a lion of the species Panthera leo or any species of elephant, rhinoceros, tiger, leopard, cheetah, jaguar, pangolin,

sea turtle, ray, mammoth, narwhal, walrus or hippopotamus. 2. The provisions of subsection 1 do not apply to: (a) Any activity undertaken by a law enforcement agency or officer pursuant to federal

or state law. (b) An antique that contains a de minimis quantity of an animal part or byproduct

derived from any species listed in subsection 1, provided that the animal part or

byproduct is a fixed component of the antique and the owner or seller of the antique

establishes with documentation evidencing provenance of the antique that the antique

is at least 100 years old. (c) A musical instrument, including, without limitation, piano, string instrument

and bow, wind instrument and percussion instrument, that contains a de minimis quantity

of an animal part or byproduct derived from any species listed in subsection 1, provided

that the owner or seller of the musical instrument: (1) Possesses any certification or permit required by federal law for the sale of

the musical instrument; and (2) Establishes with documentation evidencing provenance that the musical instrument

was legally acquired. (d) A knife or firearm, or a component thereof, that contains an animal part or byproduct

derived from any species listed in subsection 1 if: (1) The animal part or byproduct: (I) Is a fixed or integral part of the knife or firearm, or the component thereof;

and (II) Originated in or was legally imported to the United States; and (2) The owner or seller of the knife or firearm, or the component thereof, establishes

with documentation evidencing provenance that the knife or firearm, or the component

thereof, was legally acquired; and (3) All the requirements for the sale of the knife or firearm, or the component thereof,

set forth in federal and state law are met. (e) Sales authorized by the Department of Business and Industry to a bona fide scientific

or educational institution of an item that contains an animal part or byproduct derived

from any species listed in subsection 1, provided that the owner or seller of the

item: (1) Possesses any certification or permit required by federal law for the sale of

the item; and (2) Establishes with documentation evidencing provenance that the item was legally

acquired. (f) Any item that contains an animal part or byproduct derived from any species listed

in subsection 1 for which the owner or seller has obtained any certification or permit

required by federal law for the sale of the item or that is specifically authorized

for sale by federal law, provided that all the requirements for the sale of the item

set forth in federal or state law have been met. (g) Any sport-hunted item that is legally obtained in accordance with federal law. 3. Any person who violates a provision of subsection 1: (a) For the first offense, is guilty of a gross misdemeanor; (b) For the second offense, is guilty of a category E felony and shall be punished

as provided in NRS 193.130 ; and (c) For the third and any subsequent offense, is guilty of a category D felony and

shall be punished as provided in NRS 193.130 . 4. In addition to the criminal penalties set forth in this section, a person who violates

a provision of this section, upon conviction, shall pay a civil penalty not to exceed

$6,500 or an amount equal to four times the fair market value of the item which is

the subject of the violation, whichever is greater. 5. As used in this section: (a) “ De minimis quantity ” means: (1) Less than 20 percent of an item by volume; (2) Less than 200 grams in weight when examined as a separate component; and (3) Less than 20 percent of the fair market value of an item or of the actual price

paid for the item, whichever is greater. (b) “ Sale ” or “ sell ” means any act of selling, trading or bartering, for monetary or nonmonetary consideration,

and includes any transfer of ownership that occurs in the course of a commercial transaction,

but does not include a nonmonetary transfer of ownership to a legal beneficiary of

a trust or to a person by way of gift, donation, inheritance or bequest. (c) “ Shark fin ” means the fresh and uncooked, or cooked, frozen, dried or otherwise processed, detached

fin or tail of a shark.