1. It is unlawful for any person, firm, company or corporation, his, her, its or their agent or agents, willfully or negligently:

(a) To cut, destroy, mutilate, pick or remove any tree, shrub, plant, fern, wild flower, cacti, desert or montane flora, or any seeds, roots or bulbs of either or any of the foregoing from any private lands, without obtaining:

(1) A written permit therefor from the owner or occupant or the duly authorized agent of the owner or occupant; and

(2) If the flora has been placed on the list of fully protected species pursuant to NRS 527.270, a special permit from the State Forester Firewarden.

(b) To cut, destroy, mutilate, pick or remove any flora on any state lands under the jurisdiction of the Division of State Parks of the State Department of Conservation and Natural Resources without:

(1) Complying with regulations of the Division of State Parks; and

(2) If the flora has been placed on the list of fully protected species pursuant to NRS 527.270, obtaining a special permit from the State Forester Firewarden.

(c) To cut, destroy, mutilate, pick or remove any flora that has been placed on the list of fully protected species pursuant to NRS 527.270 from any lands within the State of Nevada not otherwise described in paragraphs (a) and (b) without obtaining a special permit from the State Forester Firewarden.

For the purposes of this subsection, the State Forester Firewarden may establish regulations for enforcement, including the issuance of collecting permits and the designation of state and federal agencies from which such permits may be obtained.

2. Every person violating the provisions of this section is guilty of a public offense proportionate to the value of the plants, flowers, trees, seeds, roots or bulbs cut, destroyed, mutilated, picked or removed, and in no event less than a misdemeanor.

3. The State Forester Firewarden and his or her representatives, public officials charged with the administration of reserved and unreserved lands belonging to the United States, and peace officers shall enforce the provisions of this section.

4. Except as to flora that has been placed on the list of fully protected species of native flora pursuant to NRS 527.270 or as to flora on state park lands regulated by the Division of State Parks, the provisions of this section do not apply to Indians, native to Nevada, who gather any such article for food or medicinal use for themselves or for any other person being treated by Indian religious ceremony.

[1:180:1937; 1931 NCL § 5581.21] + [2:180:1937; 1931 NCL § 5581.22] — (NRS A 1957, 317; 1967, 608; 1969, 461; 1971, 1462; 1973, 1587; 1977, 1166; 1979, 1485; 2019, 732)