§ 232.1369 — Division of Natural Heritage: Duties; confidentiality and disclosure of certain information related to rare plant or animal species or ecological communities; regulations

Nevada § 232.1369

• Jurisdiction: Nevada
• Title 18: STATE EXECUTIVE DEPARTMENT
• Ch. 232: State

Text

1. The Division of Natural Heritage shall:
(a) Provide expertise in the areas of zoology, botany and community ecology, including the study of wetland ecosystems; and
(b) Maintain data systems related to the location, biology and conservation status of plant and animal species and ecosystems.
2. Except as otherwise provided in this section, the specific location of a rare plant or animal species or ecological community that is included in the data systems maintained by the Division pursuant to subsection 1 is confidential.
3. Except as otherwise provided in subsection 4, the Administrator or his or her designee may release information declared confidential pursuant to subsection 2 upon request to any person, including, without limitation, an owner of property on which a rare plant or animal species occurs or on which a sensitive ecological community is located, if:
(a) The release of the information is not otherwise prohibited by law;
(b) The release of the information is not restricted by the original provider of the information; and
(c) The Administrator or his or her designee determines that the request is:
(1) Related to conservation, environmental review, education, land management, scientific research or a similar purpose;
(2) Limited to the release of information necessary to achieve the purpose of the request; and
(3) Unlikely to result in harm to a rare plant or animal species or ecological community.
4. The Administrator or his or her designee shall release information declared confidential pursuant to subsection 2 upon request to a person who is engaged in conservation, environmental review or scientific research and enters into a written agreement with the Administrator or his or her designee which includes a provision that requires the person to maintain the confidentiality of the information to the extent necessary to protect the rare plant or animal species or ecological community.
5. The provisions of chapter 239 of NRS apply to the release of any information that is authorized or required pursuant to this section.
6. The Administrator or his or her designee shall make a reasonable effort to notify an owner of private property if the Administrator or designee releases any confidential information related to the specific location of a rare plant or animal species or ecological community which is located on the owner’s property.
7. The Administrator may adopt any regulations necessary to carry out the provisions of this section.
8. As used in this section, “rare plant or animal species or ecological community” includes, without limitation, any species, subspecies or ecological community:
(a) Declared as threatened or endangered or designated as a candidate for listing as threatened or endangered pursuant to the federal Endangered Species Act of 1973, as amended, 16 U.S.C. §§ 1531 et seq.;
(b) Designated as sensitive by the United States Bureau of Land Management or the United States Forest Service;
(c) Classified as protected, sensitive, threatened or endangered by the Board of Wildlife Commissioners pursuant to NRS 501.110 ;
(d) Protected under the provisions of chapter 527 of NRS, including, without limitation, Christmas trees, swamp cedars, cacti and yucca protected pursuant to NRS 527.060 to 527.120 , inclusive, and any species listed as a fully protected species of native flora pursuant to NRS 527.270 ; or
(e) Considered rare or at risk of extinction by the Division of Natural Heritage.

Legislative History

(Added to NRS by 2019, 580 ; A 2021, 1361 )