37-101. Game and Parks Commission; members; qualifications; term; appointment; removal; limitation on reappointment.

(1)(a) The Game and Parks Commission shall consist of nine members, one from each of the eight districts provided for by section 37-102 and one at-large member, and shall be appointed by the Governor with the consent of a majority of all members of the Legislature.

(b) Members of the commission shall be legal residents and citizens of Nebraska and shall be well informed and interested in matters under the jurisdiction of the commission.

(c) At least three members of the commission shall be actually engaged in agricultural pursuits.

(d) Not more than five of the members of the commission shall be affiliated with the same political party. The political party affiliation of each prospective member shall be determined as of the statewide general election prior to his or her appointment.

(e) Members of the commission representing districts provided for by section 37-102 shall be bona fide residents of the district from which they are appointed.

(f) When a member ceases to be a member of the political party determined under subdivision (d) of this subsection, ceases to be a bona fide resident of the district, or ceases to be actually engaged in agricultural pursuits if required to meet the qualifications for his or her appointment, the office shall be immediately vacated.

(2)(a) When the term of a member of the commission representing a district provided for by section 37-102 expires, a successor shall be appointed as provided in subsection (1) of this section from the same district as the member whose term has expired. The terms of the members serving district numbers 4, 6, and 8 on January 1, 2009, shall be extended to January 15 of the year following the expiration of their current terms. Members appointed for terms expiring prior to January 1, 2012, shall be appointed for five-year terms. Members appointed for terms expiring on or after January 1, 2012, shall be appointed for four-year terms. The terms of all members shall begin on January 15, and the term of the at-large member shall begin January 15, 2009.

(b) Each member shall serve until the appointment and qualification of his or her successor. In case of a vacancy occurring prior to the expiration of the term of a member, the appointment shall be made only for the remainder of the term. An appointment made for the remainder of the term shall not be considered a full term.

(c) No person who has served two full terms shall be eligible for reappointment as a member of the commission.

(3) If the Legislature is not in session when members of the commission are appointed by the Governor, they shall take office and act as recess appointees until the Legislature next thereafter convenes.

(4) Members may be removed by the Governor for inefficiency, neglect of duty, or misconduct in office, but only after delivering to the member a copy of the charges and affording an opportunity of being publicly heard in person or by counsel in his or her own defense, upon not less than ten days' notice. Such hearing shall be held before the Governor.

If such member is removed, the Governor shall file in the office of the Secretary of State a complete statement of all charges made against such member and his or her findings thereon, together with a complete record of the proceedings.

Source:Laws 1929, c. 113, § 1, p. 443; C.S.1929, § 81-6501; Laws 1935, c. 174, § 1, p. 639; C.S.Supp.,1941, § 81-6501; R.S.1943, § 81-801; Laws 1947, c. 315, § 1, p. 953; Laws 1949, c. 282, § 1, p. 978; Laws 1957, c. 377, § 1, p. 1318; Laws 1963, c. 512, § 1, p. 1626; Laws 1969, c. 796, § 1, p. 3003; R.S.1943, (1996), § 81-801; Laws 1998, LB 922, § 1; Laws 2002, LB 1003, § 12;    Laws 2008, LB1049, § 1.    


Annotations

37-102. Game and Parks Commission; districts.

For purposes of section 37-101, the state is hereby divided into eight districts. The limits and designations of the eight districts shall be as follows:

(1) District No. 1. The counties of Richardson, Pawnee, Nemaha, Johnson, Otoe, Cass, Sarpy, Saunders, Butler, Gage, Seward, Saline, and Jefferson;

(2) District No. 2. Douglas County;

(3) District No. 3. The counties of Washington, Dodge, Colfax, Platte, Merrick, Nance, Boone, Madison, Stanton, Cuming, Burt, Thurston, Wayne, Pierce, Antelope, Knox, Cedar, Dixon, and Dakota;

(4) District No. 4. The counties of Thayer, Nuckolls, Webster, Adams, Clay, Fillmore, York, Polk, Hamilton, Hall, Buffalo, Kearney, and Franklin;

(5) District No. 5. The counties of Harlan, Furnas, Red Willow, Hitchcock, Dundy, Chase, Hayes, Frontier, Gosper, Phelps, Dawson, Lincoln, and Perkins;

(6) District No. 6. The counties of Howard, Greeley, Wheeler, Sherman, Valley, Garfield, Holt, Boyd, Keya Paha, Rock, Brown, Loup, Blaine, Custer, Logan, McPherson, Arthur, Grant, Hooker, Thomas, and Cherry;

(7) District No. 7. The counties of Deuel, Garden, Keith, Sheridan, Cheyenne, Morrill, Box Butte, Dawes, Sioux, Scotts Bluff, Banner, and Kimball; and

(8) District No. 8. Lancaster County.

Source:Laws 1947, c. 315, § 2, p. 954; Laws 1963, c. 513, § 1, p. 1628; R.S.1943, (1996), § 81-801.01; Laws 1998, LB 922, § 2; Laws 2002, LB 1003, § 13.    


37-103. Game and Parks Commission; chairperson; election.

The members of the Game and Parks Commission shall meet in January of each year and shall elect a chairperson of the commission from the membership.

Source:Laws 1929, c. 113, § 2, p. 443; C.S.1929, § 81-6502; Laws 1935, c. 174, § 2, p. 640; C.S.Supp.,1941, § 81-6502; R.S.1943, § 81-802; R.S.1943, (1996), § 81-802; Laws 1998, LB 922, § 3.


37-104. Game and Parks Commission; meetings; special meeting; notice; place; quorum; agreement with city of Lincoln for building and facilities; location.

Regular meetings of the Game and Parks Commission shall be held quarterly. Special meetings may be held upon call of the chairperson or pursuant to a call signed by three other members, of which the chairperson shall have three days' written notice. No official action shall be taken except at a public meeting at the headquarters of the commission or at a public meeting at a location within the state as determined by a majority of members of the commission. Four members of the commission shall constitute a quorum for the transaction of business.

All regular meetings held in Lincoln, Nebraska, shall be held in suitable offices to be provided under the authority of Chapter 72, article 14. The Game and Parks Commission is authorized to enter into an agreement with the city of Lincoln providing for the supplying by the city of Lincoln to the State of Nebraska for the commission of a headquarters office building and related buildings and facilities therefor, including the parking of motor vehicles, to be located on real estate which is north of Holdrege Street and east of 33rd Street.

Source:Laws 1969, c. 776, § 1, p. 2947; Laws 1997, LB 141, § 1; R.S.Supp.,1997, § 81-803.01; Laws 1998, LB 922, § 4.


37-105. Game and Parks Commission; expenses; per diem.

The members of the Game and Parks Commission, other than the secretary, shall be reimbursed for all actual and necessary traveling and other expenses incurred in the discharge of their official duties as provided in sections 81-1174 to 81-1177 and shall be allowed a per diem of thirty-five dollars for days actually away from home on business of the commission, not exceeding forty-five days in any one year.

Source:Laws 1929, c. 113, § 4, p. 444; C.S.1929, § 81-6504; Laws 1933, c. 96, § 17, p. 396; Laws 1941, c. 180, § 7, p. 704; C.S.Supp.,1941, § 81-6504; R.S.1943, § 81-804; Laws 1947, c. 315, § 3, p. 954; Laws 1967, c. 584, § 1, p. 1973; Laws 1977, LB 482, § 1; Laws 1981, LB 204, § 172; Laws 1988, LB 864, § 13; R.S.1943, (1996), § 81-804; Laws 1998, LB 922, § 5.


37-106. Game and Parks Commission; secretary; qualifications; terms; compensation; duties; removal.

The Game and Parks Commission shall appoint a secretary, who will act as its director and chief conservation officer and be in charge of its activities. He or she shall be a person with knowledge of and experience in the requirements of the protection, propagation, conservation, and restoration of the wildlife resources of the state. The secretary shall serve for a term of six years. The secretary shall not hold any other public office and shall devote his or her entire time to the service of the state in the discharge of his or her official duties. The secretary shall receive such compensation as the commission may determine and shall be reimbursed for all actual and necessary traveling and other expenses incurred by him or her in the discharge of his or her official duties as provided in sections 81-1174 to 81-1177. Before entering upon the duties of his or her office, the secretary shall take and subscribe to the constitutional oath of office, and shall, in addition thereto, swear or affirm that he or she holds no other public office, nor any position under any political committee or party. Such oath or affirmation shall be filed in the office of the Secretary of State. Under the direction of the commission, the secretary shall have general supervision and control of all activities and functions of the commission, shall enforce all the provisions of the law of the state relating to wild animals, birds, fish, parks, and recreational areas, and shall exercise all necessary powers incident thereto not specifically conferred on the commission. The secretary may be removed by the commission for inefficiency, neglect of duty, or misconduct in office, but only by a majority vote of the commissioners after delivering to the secretary a copy of the charges and affording him or her an opportunity of being publicly heard in person or by counsel in his or her own defense. If the secretary is removed, the commission shall place in its minutes a complete statement of all charges made against the secretary and its findings thereon, together with a complete record of the proceedings and the recorded vote thereon.

Source:Laws 1929, c. 113, § 10, p. 446; C.S.1929, § 81-6510; Laws 1935, c. 174, § 7, p. 642; C.S.Supp.,1941, § 81-6510; R.S.1943, § 81-807; Laws 1967, c. 36, § 7, p. 163; Laws 1967, c. 585, § 10, p. 1979; Laws 1981, LB 204, § 173; R.S.1943, (1996), § 81-807; Laws 1998, LB 922, § 6.


Cross References

37-107. Game and Parks Commission; secretary; duties; deposit of receipts from administration of game and fish laws; credited to State Game Fund.

It shall be the duty of the secretary to keep an exact and detailed account and record of the activities of the Game and Parks Commission, and on September 15 of each year, he or she shall submit to the Governor a report of all expenditures made during the preceding fiscal year, vouchers for which shall be kept on file in the office of the secretary and open to the inspection of the Governor, Auditor of Public Accounts, and members of the Legislature. All money received by the commission from the administration of fish and game shall be remitted to the State Treasurer for credit to the State Game Fund except as otherwise provided in the Game Law.

Source:Laws 1929, c. 113, § 9, p. 446; C.S.1929, § 81-6509; R.S.1943, § 81-808; Laws 1961, c. 427, § 1, p. 1335; R.S.1943, (1996), § 81-808; Laws 1998, LB 922, § 7.


37-108. Game and Parks Commission; employees; appointment; compensation; interference with an election; prohibited.

The secretary, under the direction of the Game and Parks Commission acting in official session, is authorized to appoint such conservation officers, agents, office employees, and such other employees as may be required efficiently to enforce the laws for the protection of wildlife and for the administration of hatcheries, game preserves, recreational areas, and parks. In addition to the necessary conservation officers, the commission shall specify and require the appointment of such other agents and employees as may be required to execute its plans and projects and to administer its affairs, and the commission shall prescribe their duties. The commission shall fix the compensation of conservation officers and other agents and employees. Conservation officers and other agents and employees may be removed by the commission but only after a hearing. While retaining the right to vote as he or she may please and to express privately his or her opinion on all political subjects, no employee or officer of the commission shall use his or her official authority or influence for the purpose of interfering with an election or affecting the results thereof.

Source:Laws 1929, c. 113, § 11, p. 446; C.S.1929, § 81-6511; Laws 1935, c. 174, § 8, p. 643; C.S.Supp.,1941, § 81-6511; R.S.1943, § 81-809; Laws 1967, c. 585, § 11, p. 1980; Laws 1977, LB 398, § 2; R.S.1943, (1996), § 81-809; Laws 1998, LB 922, § 8.


37-109. Game and Parks Commission; officers; oath.

Each commissioner and every conservation officer and each administrative officer under the Game and Parks Commission, before entering upon the duties of his or her office, shall subscribe and take the constitutional oath of office, which shall be filed in the office of the Secretary of State.

Source:Laws 1929, c. 113, § 13, p. 447; C.S.1929, § 81-6513; Laws 1935, c. 174, § 10, p. 644; C.S.Supp.,1941, § 81-6513; R.S.1943, § 81-810; R.S.1943, (1996), § 81-810; Laws 1998, LB 922, § 9.


Cross References

37-110. Game and Parks Commission; commissioners, officers, and employees; bond or insurance.

Each member of the Game and Parks Commission, all conservation officers, managers and custodians of parks, hatcheries, and captive wildlife facilities, all other agents, and all employees thereof, shall be bonded or insured as required by section 11-201.

Source:Laws 1929, c. 113, § 14, p. 447; C.S.1929, § 81-6514; Laws 1935, c. 174, § 11, p. 644; C.S.Supp.,1941, § 81-6514; R.S.1943, § 81-811; Laws 1967, c. 585, § 12, p. 1980; Laws 1978, LB 653, § 32; R.S.1943, (1996), § 81-811; Laws 1998, LB 922, § 10; Laws 1999, LB 176, § 1;    Laws 2004, LB 884, § 18.    


37-201. Law, how cited.

Sections 37-201 to 37-811 and 37-1501 to 37-1510 shall be known and may be cited as the Game Law.

Source:Laws 1929, c. 112, I, § 2, p. 408; C.S.1929, § 37-102; R.S.1943, § 37-102; Laws 1989, LB 34, § 2; Laws 1989, LB 251, § 1; Laws 1991, LB 403, § 2; Laws 1993, LB 830, § 7; Laws 1994, LB 1088, § 2; Laws 1994, LB 1165, § 6; Laws 1995, LB 274, § 1; Laws 1996, LB 923, § 2; Laws 1997, LB 19, § 2; R.S.Supp.,1997, § 37-102; Laws 1998, LB 922, § 11; Laws 1999, LB 176, § 2;    Laws 2000, LB 788, § 2;    Laws 2002, LB 1003, § 14;    Laws 2003, LB 305, § 1;    Laws 2004, LB 826, § 1;    Laws 2005, LB 121, § 2;    Laws 2005, LB 162, § 1;    Laws 2007, LB504, § 1;    Laws 2009, LB105, § 2;    Laws 2010, LB743, § 3;    Laws 2010, LB836, § 1;    Laws 2012, LB391, § 1;    Laws 2012, LB928, § 1;    Laws 2014, LB699, § 1;    Laws 2014, LB814, § 1;    Laws 2015, LB142, § 1;    Laws 2016, LB474, § 1.    


37-202. Definitions, where found.

For purposes of the Game Law, unless the context otherwise requires, the definitions found in sections 37-203 to 37-247 are used.

Source:Laws 1929, c. 112, I, § 1, p. 407; C.S.1929, § 37-101; Laws 1931, c. 75, § 1, p. 199; Laws 1937, c. 89, § 1, p. 290; Laws 1941, c. 72, § 1, p. 300; C.S.Supp.,1941, § 37-101; Laws 1943, c. 94, § 1, p. 321; R.S.1943, § 37-101; Laws 1949, c. 100, § 1, p. 275; Laws 1953, c. 123, § 1, p. 386; Laws 1957, c. 139, § 1, p. 464; Laws 1959, c. 148, § 2, p. 563; Laws 1963, c. 200, § 1, p. 647; Laws 1965, c. 194, § 1, p. 592; Laws 1967, c. 216, § 1, p. 578; Laws 1971, LB 733, § 8; Laws 1973, LB 331, § 1; Laws 1975, LB 195, § 1; Laws 1975, LB 142, § 1; Laws 1976, LB 861, § 1; Laws 1981, LB 72, § 1; Laws 1985, LB 557, § 1; Laws 1987, LB 154, § 1; Laws 1989, LB 34, § 1; Laws 1993, LB 121, § 201; Laws 1993, LB 830, § 6; Laws 1994, LB 884, § 57; Laws 1994, LB 1088, § 1; Laws 1994, LB 1165, § 5; Laws 1995, LB 259, § 1; Laws 1997, LB 173, § 1; R.S.Supp.,1997, § 37-101; Laws 1998, LB 922, § 12; Laws 1999, LB 176, § 3;    Laws 2002, LB 1003, § 15;    Laws 2012, LB391, § 2.    


37-203. Aquaculture, defined.

Aquaculture has the meaning found in section 2-3804.01.

Source:Laws 1998, LB 922, § 13.


37-204. Aquaculture facility, defined.

Aquaculture facility means any facility, structure, lake, pond, tank, or tanker truck used for the purpose of propagating, selling, brokering, trading, or transporting cultured aquatic stock.

Source:Laws 1998, LB 922, § 14.


37-205. Aquaculturist, defined.

Aquaculturist means any individual, partnership, limited liability company, or corporation, other than an employee of a state or federal hatchery, involved in producing, transporting, or marketing cultured aquatic stock or products thereof.

Source:Laws 1998, LB 922, § 15.


37-206. Aquatic disease, defined.

Aquatic disease means any departure from a normal state of health of aquatic organisms caused by disease agents.

Source:Laws 1998, LB 922, § 16.


37-206.01. Aquatic invasive species, defined.

Aquatic invasive species means exotic or nonnative aquatic organisms listed in rules and regulations of the commission which pose a significant threat to the aquatic resources, water supplies, or water infrastructure of this state.

Source:Laws 2012, LB391, § 3.    


37-207. Aquatic organism, defined.

Aquatic organism means an individual member of any species of fish, mollusk, crustacean, aquatic reptile, aquatic amphibian, aquatic insect, or other aquatic invertebrate. Aquatic organism includes the viable gametes, eggs or sperm, of an aquatic organism.

Source:Laws 1998, LB 922, § 17.


37-207.01. Authorized inspector, defined.

Authorized inspector means a person who meets the requirements established in rules and regulations of the commission to inspect for aquatic invasive species and includes, but is not limited to, a conservation officer and a peace officer as defined in section 49-801.

Source:Laws 2012, LB391, § 4.    


37-208. Bait, defined.

Bait means anything used in luring fish or other animals to a hook, snare, enclosure, or net for the purpose of taking them.

Source:Laws 1998, LB 922, § 18.


37-209. Baitfish, defined.

Baitfish means those species of fish, as listed in rules and regulations of the commission, that are collected from the wild or bought from legal sources and sold for use as bait.

Source:Laws 1998, LB 922, § 19; Laws 1999, LB 176, § 4.    


37-209.01. Captive, defined.

Captive, as it pertains to captive wildlife, captive wild birds, or captive wild mammals, means the condition of captivity.

Source:Laws 2002, LB 1003, § 16.    


37-210. Captive propagation, defined.

Captive propagation means to hold live raptors in a controlled environment that is intensively manipulated by humans for the purpose of producing raptors of selected species and that has boundaries designed to prevent raptors, eggs, or gametes of the selected species from entering or leaving the controlled environment.

Source:Laws 1998, LB 922, § 20.


37-210.01. Captivity, defined.

Captivity means a condition which limits or restricts the free egress or free range of wild birds, wild mammals, or wildlife by the use of fences, barriers, or restraints.

Source:Laws 2002, LB 1003, § 17.    


37-211. Commercial aquaculturist, defined.

Commercial aquaculturist means an aquaculturist engaged in the business of growing, selling, brokering, or processing live or viable aquatic organisms for commercial purposes.

Source:Laws 1998, LB 922, § 21.


37-212. Commercial exploitation, defined.

Commercial exploitation means buying, selling, or bartering for economic or financial gain by any person, partnership, limited liability company, association, or corporation.

Source:Laws 1998, LB 922, § 22.


37-213. Commercial fish, defined.

Commercial fish means those species of fish, other than baitfish, as listed in rules and regulations of the commission, allowed to be harvested from the wild or bought, sold, or bartered for economic gain.

Source:Laws 1998, LB 922, § 23.


37-214. Commission, defined.

Commission means the Game and Parks Commission.

Source:Laws 1998, LB 922, § 24.


37-215. Conservation, defined.

Conservation means the use of all methods and procedures for the purpose of increasing the number of individuals within species and populations of wildlife up to the optimum carrying capacity of their habitat and maintaining such levels. Such methods and procedures include, but are not limited to, all activities associated with scientific resources management such as research, census, law enforcement, habitat acquisition and maintenance, propagation, live trapping, transplantation, regulated taking, and the periodic or total protection of species or populations.

Source:Laws 1998, LB 922, § 25.


37-215.01. Conveyance, defined.

Conveyance means a motorboat as defined in section 37-1204, a personal watercraft as defined in section 37-1204.01, a vessel as defined in section 37-1203, a trailer, or any associated equipment or containers which may contain or carry aquatic invasive species.

Source:Laws 2012, LB391, § 5.    


37-216. Cultured aquatic stock, defined.

Cultured aquatic stock means aquatic organisms raised from privately owned stocks and aquatic organisms lawfully acquired and held in private ownership until they become intermingled with wild aquatic organisms.

Source:Laws 1998, LB 922, § 26.


37-217. Disabled person, defined.

Disabled person means any person certified by a physician to have a permanent physical impairment which limits personal mobility and results in an inability to travel unassisted more than two hundred feet without the use of a wheelchair, crutch, walker, prosthetic, orthotic, or other assistance device as allowed by rules and regulations adopted and promulgated by the commission.

Source:Laws 1998, LB 922, § 27.


37-218. Ecologic harm, defined.

Ecologic harm means significant loss, disadvantage, or injury to the relationships between organisms and their environment.

Source:Laws 1998, LB 922, § 28.


37-219. Economic harm, defined.

Economic harm means significant loss, disadvantage, or injury to personal or material resources.

Source:Laws 1998, LB 922, § 29.


37-220. Ecosystem, defined.

Ecosystem means a system of living organisms and their environment, each influencing the existence of the other and both necessary for the maintenance of life.

Source:Laws 1998, LB 922, § 30.


37-221. Endangered Species Act, defined.

Endangered Species Act means the Endangered Species Act of 1973, as amended, 16 U.S.C. 1531 et seq.

Source:Laws 1998, LB 922, § 31.


37-222. Falconry, defined.

Falconry means the sport of taking quarry by means of a trained raptor.

Source:Laws 1998, LB 922, § 32.


37-223. Fish, when used as a noun, defined.

Fish, when used as a noun, means a cold-blooded, vertebrate animal, typically covered with scales, which breathes by gills, swims by body motion using fins for maneuvering, and is dependent upon water as a medium in which to live.

Source:Laws 1998, LB 922, § 33.


37-224. Fish, when used as a verb, defined.

Fish, when used as a verb, means to pursue, shoot, catch, capture, collect, harvest, kill, destroy, or attempt to pursue, shoot, catch, capture, collect, harvest, kill, or destroy.

Source:Laws 1998, LB 922, § 34.


37-225. Fur harvesting, defined.

Fur harvesting means taking or attempting to take any fur-bearing animal by any means as prescribed by rules and regulations of the commission.

Source:Laws 1998, LB 922, § 35.


37-226. Fur-bearing animals, defined.

Fur-bearing animals means all beaver, martens, mink, muskrats, raccoons, opossums, otters, bobcats, gray foxes, red foxes, badgers, long-tailed weasels, Canada lynx, and skunks, except mutation minks and mutation foxes.

Source:Laws 1998, LB 922, § 36; Laws 1999, LB 176, § 5.    


37-227. Game, defined.

Game means all game fish, bullfrogs, snapping turtles, tiger salamanders, mussels, crows, game animals, fur-bearing animals, game birds, protected birds, and all other creatures protected by the Game Law.

Source:Laws 1998, LB 922, § 37; Laws 1999, LB 176, § 6.    


37-228. Game animals, defined.

Game animals means all antelope, cottontail rabbits, deer, elk, mountain sheep, squirrels, mountain lions, moose, and bears.

Source:Laws 1998, LB 922, § 38.


37-229. Game birds, defined.

Game birds means coots, cranes, curlew, doves, grouse, partridges, pheasants, plovers, prairie chickens, quail, rails, snipes, swans, woodcocks, wild turkeys, and all migratory waterfowl.

Source:Laws 1998, LB 922, § 39; Laws 1999, LB 176, § 7.    


Annotations

37-230. Game fish, defined.

Game fish means all baitfish, commercial fish, and sport fish.

Source:Laws 1998, LB 922, § 40.


37-231. Habitual offender, defined.

Habitual offender means a person who has been convicted of violating the Game Law two or more times in any calendar year or who has been convicted of violating the Game Law three or more times in any ten-year period beginning with the date of the first conviction.

Source:Laws 1998, LB 922, § 41.


37-232. Hunt, defined.

Hunt means to pursue, shoot, catch, capture, collect, harvest, kill, destroy, or attempt to pursue, shoot, catch, capture, collect, harvest, kill, or destroy.

Source:Laws 1998, LB 922, § 42.


37-233. Migratory game birds, defined.

Migratory game birds means all doves, ducks, geese, rails, snipes, cranes, woodcocks, coots, and swans.

Source:Laws 1998, LB 922, § 43.


37-233.01. Migratory waterfowl, defined.

Migratory waterfowl means any ducks, geese, or brant upon which an open season has been established by the commission.

Source:Laws 1999, LB 176, § 8.    


37-234. Nongame fish, defined.

Nongame fish means any species of fish not classified as game fish, threatened species, or endangered species in the Game Law or rules and regulations of the commission.

Source:Laws 1998, LB 922, § 44.


37-235. Officer, defined.

Officer means every person authorized to enforce the Game Law.

Source:Laws 1998, LB 922, § 45.


37-236. Optimum carrying capacity, defined.

Optimum carrying capacity means that point at which a given habitat can support healthy populations of wildlife species, having regard to the total ecosystem without diminishing the ability of the habitat to continue that function.

Source:Laws 1998, LB 922, § 46.


37-237. Person, owner, proprietor, grantee, lessee, and licensee, defined.

Person, owner, proprietor, grantee, lessee, and licensee means and includes individuals, partnerships, limited liability companies, associations, corporations, and municipalities.

Source:Laws 1998, LB 922, § 47.


37-237.01. Protected bird, defined.

Protected bird means all birds except game birds, English sparrows, European starlings, and pigeons other than Antwerp or homing pigeons, commonly called Carrier Pigeons.

Source:Laws 1999, LB 176, § 9.    


37-238. Raptor, defined.

Raptor means any bird of the Accipitriformes, Falconiformes, or Strigiformes, including, but not limited to, caracaras, eagles, falcons, harriers, hawks, kites, osprey, owls, and vultures.

Source:Laws 1998, LB 922, § 48; Laws 2011, LB41, § 1.    


37-239. Raw fur, defined.

Raw fur means the untanned pelts of any fur-bearing animal except commercially reared mutations.

Source:Laws 1998, LB 922, § 49; Laws 1999, LB 176, § 10.    


37-240. Species, defined.

Species means a category of biological classification which describes groups of organisms which show distinctive characteristics and which are able to interbreed.

Source:Laws 1998, LB 922, § 50.


37-241. Sport fish, defined.

Sport fish means those species of fish, as listed in rules and regulations of the commission, typically sought for recreation or consumption.

Source:Laws 1998, LB 922, § 51.


37-242. Take, defined.

Take means to harass, wound, hunt, trap, fish, harvest fur, or attempt to harass, wound, hunt, trap, fish, or harvest fur.

Source:Laws 1998, LB 922, § 52.


37-243. Trap, defined.

Trap means to take or attempt to take any wildlife by any snare, steel-jawed spring trap, or box trap.

Source:Laws 1998, LB 922, § 53.


37-244. Upland game birds, defined.

Upland game birds means all species and subspecies of quail, partridges, pheasants, wild turkeys, and grouse, including prairie chickens.

Source:Laws 1998, LB 922, § 54.


37-245. Wild birds, defined.

Wild birds means the species of birds native to, migrating to or through, or having established free-ranging populations in the State of Nebraska except the English sparrow, the European starling, and the common pigeon.

Source:Laws 1998, LB 922, § 55.


37-246. Wild mammals, defined.

Wild mammals means the species of mammals native to, migrating to or through, or having established free-ranging populations in the State of Nebraska except the fallow deer, the house mouse, the Norway rat, the black rat, the feral domestic dog, and the feral domestic cat.

Source:Laws 1998, LB 922, § 56; Laws 1999, LB 176, § 11.    


37-247. Wildlife, defined.

Wildlife means any member of any nondomesticated species of the animal kingdom, whether reared in captivity or not, including any mammal, fish, bird, amphibian, reptile, mollusk, crustacean, arthropod, or other invertebrate and includes any part, product, egg, or offspring thereof or the dead body or parts thereof.

Source:Laws 1998, LB 922, § 57.


37-248. General penalty provision.

Any person violating any of the provisions of the Game Law or any provisions of the rules or regulations adopted and promulgated by the commission, where a penalty is not otherwise fixed, shall be guilty of a Class III misdemeanor and shall be subject to a mandatory fine of at least fifty dollars upon conviction.

Source:Laws 1943, c. 94, § 14, p. 331; R.S.1943, § 37-103; Laws 1957, c. 139, § 2, p. 465; Laws 1977, LB 40, § 172; R.S.1943, (1993), § 37-103; Laws 1998, LB 922, § 58; Laws 1999, LB 176, § 12.    


37-301. Commission; general authority.

Except as otherwise provided in sections 37-302 to 37-313, 37-315, 37-317, 37-330, 37-425, and 37-608, the commission shall have sole charge of state parks, game and fish, recreation grounds, and all things pertaining thereto. All funds rendered available by law, including funds already collected for such purposes, may be used by the commission in administering and developing such resources.

Source:Laws 1929, c. 113, § 5, p. 444; C.S.1929, § 81-6505; Laws 1935, c. 174, § 3, p. 640; C.S.Supp.,1941, § 81-6505; R.S.1943, § 81-805; Laws 1949, c. 283, § 1, p. 980; Laws 1959, c. 431, § 1, p. 1439; Laws 1959, c. 432, § 21, p. 1455; Laws 1959, c. 433, § 2, p. 1458; Laws 1959, c. 434, § 1, p. 1460; Laws 1961, c. 174, § 5, p. 519; Laws 1967, c. 585, § 8, p. 1977; Laws 1967, c. 231, § 4, p. 611; Laws 1969, c. 799, § 1, p. 3007; Laws 1971, LB 53, § 12; Laws 1972, LB 1169, § 1; Laws 1974, LB 779, § 3; Laws 1981, LB 72, § 22; Laws 1993, LB 235, § 46; Laws 1993, LB 370, § 481; Laws 1994, LB 1066, § 100; Laws 1996, LB 584, § 19; R.S.1943, (1996), § 81-805; Laws 1998, LB 922, § 59.


37-302. Commission; stock game and fish.

The commission shall adopt and carry into effect plans to replenish and stock the state with game and, whenever it is in the best interest of the public to do so, to stock the streams, lakes, and ponds, whether public or private, of this state with fish. It may plan such extensions and additions to existing hatcheries and such new plants as may be necessary to supply fully the state with game and fish and cause the plans to be executed after ascertaining the cost thereof.

Source:Laws 1998, LB 922, § 60.


Cross References

37-303. Commission; acquire land; gifts and bequests; powers.

(1) With the consent of the Governor, the commission may by purchase, when funds on hand or appropriated therefor are sufficient, or by gift, devise, or otherwise acquire title in the name of the State of Nebraska to sites situated outside organized municipalities, except as provided in section 90-404, for additional state parks, hatcheries, recreation grounds, state recreational trails, wildlife management areas, captive wildlife facilities, and public shooting grounds and may enter into appropriate contracts with reference thereto, all within the limits of amounts that may be appropriated, contributed, or available. For these purposes, the commission may enter into appropriate contracts, leases, or lease-purchase agreements.

(2) The commission, with the consent of the Governor, may take, receive, and hold, either in the name of the state or in trust for the state, exempt from taxation, any grant or devise of lands and any gift or bequest of money or other personal property made in furtherance of the purposes contemplated by this section and shall have such funds or the proceeds of such property invested. Such invested funds shall be deposited, used, and expended under the direction of the commission.

(3) The commission may make a survey of all lands and areas in the state which are suitable for state parks, game refuges, or other similar purposes contemplated by this section and may locate and designate any or all of such lands or areas or parts thereof and take such action as may tend to preserve or conserve them. The commission shall publish such informational material as it deems necessary and may, at its discretion, charge appropriate fees therefor.

Source:Laws 1998, LB 922, § 61; Laws 1999, LB 176, § 13;    Laws 2000, LB 701, § 1.    


Cross References

Annotations

37-304. Commission; rules and regulations; commission orders.

(1) The commission may adopt and promulgate rules and regulations, under the procedures set forth in the Administrative Procedure Act, governing the administration and use of all property, real and personal, under its ownership or control.

(2) The commission shall adopt and promulgate rules and regulations it deems necessary to administer the activities and facilities described in sections 37-305 to 37-313.

(3) The commission may pass, by majority vote, commission orders which govern (a) conservation orders, (b) seasons, (c) open and closed areas, and (d) bag limits as described in section 37-314.

Source:Laws 1998, LB 922, § 62; Laws 2013, LB499, § 1.    


Cross References

37-305. Rules and regulations; camping areas; violation; penalty.

The commission may adopt and promulgate rules and regulations to designate camping areas and permit camping on appropriate lands under its ownership or control. As a condition to such permission, the commission may prescribe such rules and regulations as are reasonable and proper governing public use of such camping areas, including, but not limited to, access to camping areas, area capacity, sanitation, opening and closing hours, public safety, fires, establishment and collection of fees when appropriate, protection of property, and zoning of activities. Such rules and regulations shall be posted on appropriate signs at the areas. Any person who camps on lands owned or controlled by the commission not designated as a camping area by the commission or any person who fails to observe the conditions of occupancy, use, or access posted as provided in this section shall not have permission. Any person violating the provisions of the rules and regulations authorized by this section shall be guilty of a Class V misdemeanor.

Source:Laws 1998, LB 922, § 63.


37-306. Rules and regulations; fire safety; violation; penalty.

The commission may adopt and promulgate rules and regulations permitting any type of fire, including the smoking of tobacco in any form, and providing for the size, location, and conditions under which a fire may be established on any area under its ownership or control. The commission may enact rules and regulations permitting the possession or use of any type of fireworks not prohibited by law on any areas under its ownership or control. The commission may adopt and promulgate rules and regulations authorizing management personnel to temporarily revoke permission by the posting of appropriate signs for all fires of any kind whatsoever, including smoking and the use of fireworks, in any area under its ownership or control, when such posting is in the interest of public health, safety, and welfare or for the preservation of property. Any person who lights any type of fire, uses any fireworks, smokes tobacco in any form, or leaves unattended and unextinguished any fire of any type in any location, in any area under the ownership or control of the commission, unless the commission has given permission, which permission has not been revoked, to such type of fire, to such use or possession of fireworks, or to such smoking of tobacco, shall be guilty of a Class V misdemeanor.

Source:Laws 1998, LB 922, § 64.


37-307. Rules and regulations; animals; violation; penalty.

The commission may adopt and promulgate rules and regulations permitting pets, domestic animals, and poultry to be brought upon or possessed, grazed, maintained, or run at large on any area or portion of any area under its ownership or control. Any person who brings, possesses, grazes, maintains, or permits to run at large his or her pets, domestic animals, or poultry on any area or portion of any area under the ownership or control of the commission, unless the commission has permitted such bringing, possession, grazing, maintaining, or running at large, shall be guilty of a Class V misdemeanor.

Source:Laws 1998, LB 922, § 65.


37-308. Rules and regulations; hunting, fishing, and trapping; use of weapons; violation; penalty.

The commission may adopt and promulgate rules and regulations, temporarily or permanently, permitting hunting, fishing, or the public use of firearms, bow and arrow, or any other projectile weapons or devices on any area or any portion of any area under its ownership or control. The commission may enact special rules and regulations permitting trapping and other forms of fur harvesting on any such area or areas. Any person who, without the permission of the commission, hunts, fishes, traps, harvests fur, or uses firearms, bow and arrow, or any other projectile weapon or device on any area or any portion of any area under the ownership or control of the commission shall be guilty of a Class V misdemeanor.

Source:Laws 1998, LB 922, § 66.


37-308.01. Rules and regulations; appropriate hunting weapons.

The commission shall adopt and promulgate rules and regulations relating to the appropriate weapons which may be used for hunting wildlife. The rules and regulations shall take effect beginning January 1, 2004.

Source:Laws 2002, LB 1003, § 28.    


37-309. Rules and regulations; water-related recreational activities; violation; penalty.

The commission may adopt and promulgate rules and regulations permitting swimming, bathing, boating, wading, waterskiing, and the use of any floatation device on all or any portion of any area under its ownership or control. Such regulations may include permission for swimming, bathing, boating, waterskiing, wading, the use of floatation devices, and all other water-related recreational activities in all areas or any portion of any specific area under the ownership or control of the commission and may provide for special general conditions for specific swimming, waterskiing, boating, bathing, or wading areas, which regulations and conditions shall be posted at such areas. Any person who swims, bathes, boats, wades, waterskis, or uses any floatation device on all or any portion of any area under the ownership or control of the commission, unless the commission has given permission for such activity in the specific area or portion thereof, shall be guilty of a Class V misdemeanor.

Source:Laws 1998, LB 922, § 67.


Annotations

37-310. Rules and regulations; real and personal property; prohibited acts; violation; penalty.

(1) The commission may adopt and promulgate rules and regulations relating to the protection, use, or removal of any public real or personal property on any area under its ownership or control and may regulate or prohibit the construction or installation of any privately owned structure on such area. The commission may close all or any portion of any area under its ownership or control to any form of public use or access with the erection of proper signs, without the enactment of formal written regulations. Any person who, without the permission of the commission, constructs or installs any privately owned structure or who uses or removes any public real or personal property, on any area under the ownership or control of the commission, or who enters or remains upon all or any portion of any area under the ownership or control of the commission, where proper signs or public notices prohibiting the same have been erected or displayed, shall be guilty of a Class V misdemeanor.

(2) Any person who abandons any motor vehicle, trailer, or other conveyance in any area under the ownership or control of the commission shall be guilty of a Class V misdemeanor.

Source:Laws 1998, LB 922, § 68.


37-311. Rules and regulations; vendors; violation; penalty.

The commission may adopt and promulgate rules and regulations permitting the sale, trade, or vending of any goods, products, or commodities of any type in any area under its ownership or control. Any person who sells, trades, or vends any goods, products, or commodities of any type in any area under the ownership or control of the commission without having received the prior permission of the commission for such activity shall be guilty of a Class V misdemeanor.

Source:Laws 1998, LB 922, § 69.


37-312. Commission permission; procedure.

When the permission of the commission is required as a prerequisite to any activity set out in sections 37-305 to 37-313, such permission shall be established by resolution of the commission. The resolution may set out the circumstances under which the supervisor or managing official in charge of any area under the ownership or control of the commission may give such permission in emergency situations, and such resolution may further provide for the revocation of such permission by the secretary of the commission or by the supervisor or managing official of any area under the ownership and control of the commission.

Source:Laws 1998, LB 922, § 70.


37-313. Rules and regulations; traffic; violation; penalty.

The commission, with regard to roads on any area under its ownership or control, may adopt and promulgate such rules and regulations deemed necessary as authorized by sections 60-680 and 60-6,190. Any person guilty of a violation of the rules and regulations established under the authority of sections 60-680 and 60-6,190 shall be guilty of a Class V misdemeanor.

Source:Laws 1998, LB 922, § 71.


37-314. Commission; rules and regulations; commission orders; powers; public hearing; notice; seasons; opening and closing; powers of commission; violations; penalty.

(1) The commission may, in accordance with the Game Law, other provisions of law, and lawful rules and regulations, fix, prescribe, and publish rules and regulations regarding the methods or type, kind, and specifications of hunting, fur-harvesting, or fishing gear used in the taking of any game, game fish, nongame fish, game animals, fur-bearing animals, or game birds. Such rules and regulations may be amended, modified, or repealed from time to time and shall be based upon investigation and available but reliable data relative to such limitations and standards.

(2) The commission may, in accordance with the Game Law, other provisions of law, and lawful rules and regulations, pass and publish commission orders regarding (a) conservation orders authorized by the United States Fish and Wildlife Service, (b) open seasons and closed seasons, either permanent or temporary, (c) bag limits, including the age, sex, species, or area of the state in which any game, game fish, nongame fish, game animals, fur-bearing animals, or game birds may be taken, or (d) the taking of any particular kinds, species, or sizes of game, game fish, nongame fish, game animals, fur-bearing animals, and game birds in any designated waters or areas of this state. The commission may pass such commission orders after due investigation and having due regard to the distribution, abundance, economic value, breeding habits, migratory habits, and causes of depletion or extermination of the same in such designated waters or areas and having due regard to the volume of the hunting, fur harvesting, and fishing practiced therein and the climatic, seasonal, and other conditions affecting the protection, preservation, and propagation of the same in such waters or areas. The commission orders may be amended, modified, or repealed from time to time. Commission orders shall be based upon investigation and available but reliable data relative to such limitations and standards.

(3) The commission shall hold at least one public hearing in accordance with section 37-104 on each proposed commission order or amendment, modification, or repeal of a commission order and shall hold at least one public hearing in accordance with section 37-104, in addition to all other requirements of the Administrative Procedure Act, on each proposed rule and regulation or amendment, modification, or repeal of a rule or regulation. The commission shall give notice of such hearing to the public at least thirty days prior to the hearing by posting it on the commission's web site. No commission order shall be valid against any person until fifteen days after such order has been posted on the commission's web site. Each rule, regulation, amendment, modification, and repeal shall specify the date when it shall become effective and while it remains in effect shall have the force and effect of law.

(4) Regardless of the provisions of this section or of other provisions of the Game Law which empower the commission to set seasons on game birds, fish, or animals or provide the means and method by which such seasons are set or promulgated and regardless of the provisions of the Administrative Procedure Act, the commission may close or reopen any open season previously set on game birds, fish, or animals in all or any specific portion of the state. The commission shall only close or reopen such seasons by majority vote at a valid special meeting called under section 37-104 and other provisions of statutes regarding the holding of public meetings. Any closing or reopening of an open season previously set by the commission shall not be effective for at least twenty-four hours after such action by the commission. The commission shall make every effort to make available to all forms of the news media the information on any opening or closing of any open season on game birds, fish, or animals previously set. The commission may only use this special provision allowing the commission to open or close game bird, fish, or animal seasons previously set in emergency situations in which the continuation of the open season would result in grave danger to human life or property or to bird, fish, or wild animal populations. The commission may also close or reopen any season established by a conservation order under the same provisions pertaining to closing and reopening seasons in this section.

(5) Any person violating the rules and regulations adopted and promulgated or commission orders passed pursuant to this section shall be guilty of a Class III misdemeanor and shall be fined at least one hundred dollars upon conviction.

Source:Laws 1929, c. 112, III, § 1, p. 413; C.S.1929, § 37-301; Laws 1931, c. 70, § 1, p. 190; Laws 1937, c. 89, § 5, p. 292; C.S.Supp.,1941, § 37-301; Laws 1943, c. 94, § 5, p. 324; R.S.1943, § 37-301; Laws 1957, c. 242, § 31, p. 844; Laws 1972, LB 777, § 4; Laws 1972, LB 1284, § 14; Laws 1975, LB 489, § 2; Laws 1981, LB 72, § 13; Laws 1989, LB 34, § 12; R.S.1943, (1993), § 37-301; Laws 1998, LB 922, § 72; Laws 1999, LB 176, § 14;    Laws 2009, LB105, § 3;    Laws 2013, LB499, § 2.    


Cross References

Annotations

37-315. Commission; reciprocal agreements.

The commission may enter into agreements with other states bordering on the Missouri River providing for reciprocal recognition of licenses, permits, and laws of the agreeing states.

Source:Laws 1998, LB 922, § 73.


37-316. Rules and regulations; special permits; fish-related activities.

The commission shall adopt and promulgate rules and regulations which include (1) provisions for scientific, educational, or private wildlife management purposes as provided in section 37-418, (2) provisions for commercial fishing as provided in sections 37-4,104 and 37-543, (3) provisions for bait dealers as provided in section 37-4,105, and (4) provisions for aquaculturists as provided in section 37-468.

Source:Laws 1993, LB 830, § 14; Laws 1994, LB 1165, § 7; R.S.Supp.,1996, § 37-111; Laws 1998, LB 922, § 74; Laws 2001, LB 130, § 1.    


37-317. Commission; disseminate information.

The commission may disseminate information on the state park system and the wildlife resources of the state so as to inform the public of the outdoor recreation opportunities to be found in Nebraska.

Source:Laws 1998, LB 922, § 75.


37-318. Free fishing day; commission; powers and duties.

(1) To promote an interest in fishing and to create an awareness of Nebraska's lakes, rivers, streams, ponds, and parks, a day between March 15 and October 15, to be determined by the commission, shall be recognized as free fishing day. On this day, Nebraska residents and nonresidents may enjoy the privilege of fishing without the purchase of a fishing permit, except that any fishing done under the authority of a special daily fishing permit under section 37-422 still requires the purchase of such permit.

(2) No motor vehicle entry permit or fee will be required for entry into a permit area as defined in section 37-435 on free fishing day.

(3) Nothing in this section shall affect the applicability of statutes and regulations other than the permit requirements referred to in this section.

(4) The commission may adopt and promulgate rules and regulations necessary to carry out this section.

Source:Laws 1996, LB 923, § 1; R.S.Supp.,1996, § 37-311; Laws 1998, LB 922, § 76.


37-319. Lake, pond, or stream closed to fishing; notice.

If the commission desires to close to the taking of fish by any means, any lake, pond, or stream or designated portion thereof frequented by fish, or any lake, pond, or stream or designated portion thereof which it has stocked with fish, it shall cause notice thereof to be posted in at least two places on such lake, pond, or stream. Such notice shall designate as nearly as practicable the lake, pond, or stream or designated portion to be closed and shall state that on and after a date stated in the notice it shall be unlawful to take fish in such lake, pond, or stream.

Source:Laws 1929, c. 112, IV, § 5, p. 422; C.S.1929, § 37-405; Laws 1933, c. 70, § 1, p. 309; Laws 1941, c. 72, § 5, p. 303; C.S.Supp.,1941, § 37-405; R.S.1943, § 37-405; Laws 1957, c. 139, § 11, p. 470; R.S.1943, (1993), § 37-405; Laws 1998, LB 922, § 77.


37-320. Fish; propagation; stocking; removal by authority of commission; sale; proceeds.

The commission may take or authorize the taking of, at any time and in any manner, any fish or spawn belonging to the state for the purpose of propagation or stocking other waters or exchanging with the fish commissioner of other states or of the United States and may engage in the purchase, sale, and use of fish or fish eggs for stocking waters in this state. The proceeds of all sales of such fish, spawn, or eggs shall be paid into the State Game Fund.

Source:Laws 1929, c. 112, V, § 9, p. 429; C.S.1929, § 37-509; R.S.1943, § 37-509; Laws 1959, c. 150, § 8, p. 574; Laws 1989, LB 34, § 32; R.S.1943, (1993), § 37-509; Laws 1998, LB 922, § 78.


37-321. Fish; emergency created by drying up of waters; permission to take by any means; order; violation; penalty.

The secretary of the commission may, by order, authorize the taking of fish by any means and in any number whenever the secretary determines, pursuant to standards imposed by rules and regulations adopted and promulgated by the commission, that such action is necessary for proper fish management as a result of an emergency created by the drying up of any waters inhabited by fish. Such determination shall specify the waters in which such emergency action is desirable, and the authorization so granted shall extend to such waters and to no others. The taking of any fish in violation of this section shall be a Class V misdemeanor.

Source:Laws 1961, c. 174, § 7, p. 521; Laws 1977, LB 40, § 189; R.S.1943, (1993), § 37-503.06; Laws 1998, LB 922, § 79; Laws 2013, LB499, § 3.    


37-322. Nongame fish; removal by commission; game fish; return to water alive.

In water where nongame fish abound, the commission may remove or cause to be removed by written agreement such nongame fish for fish management purposes and may sell such nongame fish. The proceeds from such sales shall be paid into the State Game Fund. Game fish protected by the Game Law, taken by such methods, shall be immediately returned alive and with as little injury as possible to the waters from which they were taken.

Source:Laws 1929, c. 112, V, § 4, p. 427; C.S.1929, § 37-504; R.S.1943, § 37-504; Laws 1967, c. 216, § 11, p. 587; Laws 1989, LB 34, § 27; R.S.1943, (1993), § 37-504; Laws 1998, LB 922, § 80.


37-323. State Game Fund; created; investment; deposits by commission secretary; withholding funds; liability; penalty.

The secretary of the commission shall remit to the State Treasurer all tax money and other funds received by him or her and shall take the receipt of the treasurer therefor. The State Treasurer shall credit such funds to the State Game Fund except as otherwise provided in the Game Law.

The State Game Fund is created. Any money in the State Game Fund available for investment shall be invested by the state investment officer pursuant to the Nebraska Capital Expansion Act and the Nebraska State Funds Investment Act.

County clerks, other county officials, and the secretary of the commission shall be liable upon their official bonds for failure to pay over any of such funds coming into their hands. Any other agent who receives permit fees under the Game Law or the rules and regulations of the commission and who fails to remit the fees to the commission within a reasonable time after demand by the commission shall be liable to the commission in damages for double the amount of the funds wrongfully withheld. Any agent who purposefully fails to remit such fees with the intention of converting them is guilty of theft. The penalty for such violation shall be determined by the amount converted as specified in section 28-518.

Source:Laws 1929, c. 112, II, § 6, p. 410; C.S.1929, § 37-206; R.S.1943, § 37-206; Laws 1959, c. 152, § 1, p. 577; Laws 1969, c. 584, § 38, p. 2367; Laws 1989, LB 34, § 7; Laws 1994, LB 1066, § 22; R.S.Supp.,1996, § 37-206; Laws 1998, LB 922, § 81; Laws 1999, LB 176, § 15.    


Cross References

37-324. Funds from permits and publications; placed in the State Game Fund; how used.

(1) The funds derived from the sale of permits and publications as provided in the Game Law, any unexpended balance now on hand from the sale of hunting, fur-harvesting, and fishing permits, and all money required by the Game Law to be paid into the State Game Fund are hereby appropriated to the use of the commission (a) for the propagation, importation, protection, preservation, and distribution of game and fish and necessary equipment therefor and all things pertaining thereto, (b) for the creation of cash funds under section 37-326, (c) for the administration and enforcement of the State Boat Act, (d) for boating safety educational programs, (e) for the construction and maintenance of boating and docking facilities, navigation aids, and access to boating areas and such other uses which will promote the safety and convenience of the boating public in Nebraska, and (f) for publishing costs for publications relating to topics listed in subdivisions (a) and (b) of this subsection and other topics of general interest to the state as approved by the commission. An amount equal to two dollars from each annual resident fishing permit and two dollars from each combination hunting and fishing permit sold in this state shall be used by the commission for the administration, construction, operation, and maintenance of fish hatcheries and for the distribution of fish.

(2) Expenditures for publications on topics of general interest to the state shall not exceed the income derived from single-copy and subscription sales of commission publications and advertising revenue from such publications.

Source:Laws 1929, c. 112, II, § 12, p. 412; C.S.1929, § 37-212; Laws 1935, c. 82, § 1, p. 271; Laws 1943, c. 94, § 4, p. 324; R.S.1943, § 37-212; Laws 1959, c. 153, § 1, p. 579; Laws 1965, c. 196, § 1, p. 596; Laws 1976, LB 717, § 1; Laws 1981, LB 72, § 7; Laws 1987, LB 105, § 3; Laws 1987, LB 785, § 1; Laws 1989, LB 34, § 10; R.S.1943, (1993), § 37-212; Laws 1998, LB 922, § 82; Laws 2003, LB 305, § 2.    


Cross References

Annotations

37-325. Commission; funds; how expended.

All funds expended by the commission shall be paid by the State Treasurer upon warrants drawn by the Director of Administrative Services on vouchers signed by the secretary. No such vouchers shall be issued except upon accounts authorized by the commission in open meeting, except that vouchers for mileage or other traveling expense shall be allowed as provided in sections 81-1174 to 81-1177. The commission shall at the first regular meeting audit all expenditures made since its last regular meeting.

Source:Laws 1929, c. 113, § 12, p. 447; C.S.1929, § 81-6512; Laws 1935, c. 174, § 9, p. 644; Laws 1941, c. 180, § 8, p. 705; C.S.Supp.,1941, § 81-6512; R.S.1943, § 81-814; Laws 1981, LB 204, § 174; R.S.1943, (1996), § 81-814; Laws 1998, LB 922, § 83.


37-326. Commission; establish change cash funds; use; how funded; amount; monthly accounting.

(1) The commission may establish change cash funds for use at any of the following locations:

(a) Staffed state parks;

(b) Staffed state recreation areas;

(c) Staffed state historical parks;

(d) Staffed state wildlife management areas; and

(e) Administrative offices of the commission.

(2) Money for the change cash funds shall be taken from the State Game Fund or the State Park Cash Revolving Fund.

(3) The amount of each change cash fund shall be determined by the commission based upon need at each location. At no location shall the sum of money to be used as a change cash fund exceed fifteen thousand dollars.

(4) Personnel at each location where a change cash fund has been established shall make a monthly accounting of such fund to the commission. The commission shall make a monthly accounting of all change cash funds to the State Treasurer.

Source:Laws 1976, LB 717, § 3; Laws 1978, LB 613, § 1; Laws 1983, LB 163, § 1; Laws 1983, LB 610, § 1; Laws 1989, LB 185, § 1; Laws 1995, LB 48, § 1; R.S.1943, (1996), § 81-814.01; Laws 1998, LB 922, § 84; Laws 2003, LB 305, § 3.    


37-327. Commission; fees; duty to establish; limit on increase.

(1) The commission shall establish fees for licenses, permits, stamps, bands, registrations, and certificates issued under the Game Law and the State Boat Act as provided in the Game Law and State Boat Act. The commission shall not increase any fee more than six percent per year, except that if a fee has not been increased by such percentage in the immediately preceding two years, the difference between a six percent increase and the actual percentage increase in such preceding two years may be added to the percentage increase in the following year. Such fees shall be collected and disposed of as provided in the Game Law and State Boat Act. The commission shall, as provided in the Game Law and State Boat Act, establish issuance fees to be retained by authorized agents issuing such licenses, permits, stamps, bands, registrations, and certificates. The commission shall establish such fees by the adoption and promulgation of rules and regulations.

(2) Prior to establishing any fee, the commission shall, at least thirty days prior to the hearing required in section 84-907, make the following information available for public review:

(a) The commission's policy on the minimum cash balance to be maintained in the fund in which the revenue from the fee being established is deposited and the justification in support of such policy;

(b) Monthly estimates of cash fund revenue, expenditures, and ending balances for the current fiscal year and the following two fiscal years for the fund in which the revenue from the fee being established is deposited. Estimates shall be prepared for both the current fee schedule and the proposed fee schedule; and

(c) A statement of the reasons for establishing the fee at the proposed level.

(3) The commission may adopt and promulgate rules and regulations to establish fees for expired licenses, permits, stamps, bands, registrations, and certificates issued under the Game Law and the State Boat Act. The commission shall collect the fees and remit them to the State Treasurer for credit to the State Game Fund.

Source:Laws 1993, LB 235, § 1; R.S.1943, (1996), § 81-814.02; Laws 1998, LB 922, § 85; Laws 1999, LB 176, § 16;    Laws 2009, LB105, § 4;    Laws 2011, LB41, § 2;    Laws 2016, LB745, § 1.    


Cross References

37-327.01. Game Law Investigation Cash Fund; created; use; investment; record-keeping duties.

(1) The Game Law Investigation Cash Fund is created. The commission shall use the fund for the purpose of obtaining evidence for enforcement of the Game Law. The fund shall be funded through revenue collected under the Game Law and budgeted or allocated to the fund by the commission, and through donations from persons, wildlife groups, and other charitable sources. Any money in the fund available for investment shall be invested by the state investment officer pursuant to the Nebraska Capital Expansion Act and the Nebraska State Funds Investment Act.

(2) For the purpose of establishing and maintaining legislative oversight and accountability, the commission shall formulate record-keeping procedures for all expenditures, disbursements, and transfers of cash from the Game Law Investigation Cash Fund. Based on these record-keeping procedures, the commission shall prepare and deliver electronically to the Clerk of the Legislature by September 15 of each year a detailed report of the previous fiscal year which includes, but is not limited to: (a) The June 30 balance in the Game Law Investigation Cash Fund and the amounts delivered to the commission for distribution to agents and informants; (b) the total amount of expenditures; (c) the purpose of the expenditures including: (i) Salaries and any expenses of all agents and informants; (ii) front money for wildlife purchases; (iii) type of wildlife and amount purchased; and (iv) amount of front money recovered; (d) the total number of informants on payroll; and (e) the results procured through such transactions. Each member of the Legislature shall receive an electronic copy of such report by making a request for it to the secretary of the commission.

(3) The commission shall adopt and promulgate rules and regulations to carry out this section.

Source:Laws 2000, LB 788, § 1;    Laws 2012, LB782, § 35.    


Cross References

37-327.02. Game and Parks Commission Capital Maintenance Fund; created; use; investment.

The Game and Parks Commission Capital Maintenance Fund is created. The fund shall consist of money credited to the fund pursuant to section 77-27,132, transfers authorized by the Legislature, and any gifts, grants, bequests, or donations to the fund. The fund shall be administered by the commission and shall be used to build, repair, renovate, rehabilitate, restore, modify, or improve any infrastructure within the statutory authority and administration of the commission. Any money in the fund available for investment shall be invested by the state investment officer pursuant to the Nebraska Capital Expansion Act and the Nebraska State Funds Investment Act.

Transfers may be made from the Game and Parks Commission Capital Maintenance Fund to the General Fund at the direction of the Legislature through June 30, 2019. The State Treasurer shall transfer four million five hundred thousand dollars from the Game and Parks Commission Capital Maintenance Fund to the General Fund between June 1, 2018, and June 30, 2018, on such date as directed by the budget administrator of the budget division of the Department of Administrative Services. The State Treasurer shall transfer four million five hundred thousand dollars from the Game and Parks Commission Capital Maintenance Fund to the General Fund between June 1, 2019, and June 30, 2019, on such date as directed by the budget administrator of the budget division of the Department of Administrative Services.

Source:Laws 2014, LB814, § 2;    Laws 2017, LB331, § 22.    
Effective Date: May 16, 2017


Cross References

37-327.03. Game and Parks State Park Improvement and Maintenance Fund; created; use; investment.

The Game and Parks State Park Improvement and Maintenance Fund is created. The fund shall consist of transfers made by the Legislature and any gifts, grants, bequests, or donations to the fund. Money in the fund shall be used to build, repair, renovate, rehabilitate, restore, modify, or improve any infrastructure in the state park system. Any money in the fund available for investment shall be invested by the state investment officer pursuant to the Nebraska Capital Expansion Act and the Nebraska State Funds Investment Act.

Source:Laws 2014, LB906, § 4.    


Cross References

37-327.04. Game and Parks Commission Educational Fund; created; use; investment.

The Game and Parks Commission Educational Fund is created. The fund shall consist of money credited pursuant to section 60-3,227 and any other money as determined by the Legislature. The commission shall use the fund to provide youth education programs relating to wildlife conservation practices. Any money in the fund available for investment shall be invested by the state investment officer pursuant to the Nebraska Capital Expansion Act and the Nebraska State Funds Investment Act.

Source:Laws 2016, LB474, § 2.    


Cross References

37-328. Commission; acquire site for headquarters; consent of Governor.

The commission, with the consent of the Governor, may, out of funds appropriated for that purpose, acquire a site in Lincoln and erect thereon one or more buildings to serve the commission as a state headquarters.

Source:Laws 1965, c. 554, § 1, p. 1832; R.S.1943, (1996), § 81-805.03; Laws 1998, LB 922, § 86.


37-329. State park system; real estate; acquisition; eminent domain; consent of Legislature.

With the consent of the Legislature, the commission is authorized and empowered to acquire, in the name of the State of Nebraska, real estate in this state of scenic, historic, recreational, or fish and wildlife management value or unique natural areas, or access thereto, by the use of eminent domain, as provided by sections 76-704 to 76-724.

Source:Laws 1959, c. 436, § 6, p. 1466; Laws 1963, c. 515, § 1, p. 1631; Laws 1965, c. 551, § 1, p. 1800; Laws 1967, c. 587, § 1, p. 1985; Laws 1971, LB 724, § 1; Laws 1974, LB 794, § 1; R.S.1943, (1996), § 81-815.26; Laws 1998, LB 922, § 87.


Annotations

37-330. Commission; grant easements.

The commission may grant easements across real estate under its control for purposes that are in the public interest and do not negate the primary purpose for which the real estate is owned or controlled by the commission.

Source:Laws 1998, LB 922, § 88.


37-331. Commission; land; exchange; when.

The commission is hereby authorized and empowered to exchange land owned by the commission for other lands when the acquisition of the other lands involved in the exchange would, in the opinion of the commission, provide greater utility or value to the commission and materially aid in the promulgation of the basic duties and purposes of the commission. Any such exchange shall be made on the basis of dollar-for-dollar appraised valuation.

Source:Laws 1959, c. 435, § 1, p. 1463; R.S.1943, (1996), § 81-805.02; Laws 1998, LB 922, § 89.


37-332. Acquisition of real estate by commission; bordering on lakes or artificial reservoirs; purpose.

The commission is authorized and empowered to acquire by gift, devise, or purchase real estate bordering on the shore of any lake or artificial reservoir constructed for the storage of water, for the purpose of developing public recreation areas and promoting the conservation of natural resources.

Source:Laws 1947, c. 141, § 1, p. 386; R.S.1943, (1993), § 37-424; Laws 1998, LB 922, § 90.


37-333. Meandered lakes; beds; dedication to public use; commission authorized to improve; jurisdiction.

Meandered lakes, the shore lines of which were meandered by government survey, and the beds thereof, are declared to be the property of the state for the benefit of the public, and the revenue therefrom and resources therein shall be subject to the Game Law and the rules and regulations of the commission relative thereto. The commission shall have authority to improve meandered lakes and to adopt and promulgate such rules and regulations as may be necessary to make proper use of the same. Nothing in this section shall be construed as claiming title in the State of Nebraska to any lake or stream or that portion of a lake or stream located upon lands to which patents have been issued by the United States to private individuals or persons.

Source:Laws 1929, c. 112, IV, § 11, p. 425; C.S.1929, § 37-411; R.S.1943, § 37-411; Laws 1989, LB 34, § 24; R.S.1943, (1993), § 37-411; Laws 1998, LB 922, § 91.


37-334. Commission; participation with other public entities; wildlife habitats; expenditures authorized.

The commission may participate with the natural resources districts and other public agencies, pursuant to the Interlocal Cooperation Act or the Joint Public Agency Act, for the acquisition on a willing-seller willing-buyer basis only, leasing, taking of easements, development, management, and enhancement of wildlife habitats. The commission may expend, transfer, or reimburse participants with money received from the sale of hunting and fishing permits and habitat stamps for such purposes under policies established by the commission. The commission may use money received pursuant to this section for the matching of federal funds under section 37-901.

Source:Laws 1976, LB 861, § 17; R.S.1943, (1993), § 37-109; Laws 1998, LB 922, § 92; Laws 1999, LB 87, § 71.    


Cross References

37-335. Commission; wildlife management areas; payments in lieu of taxes; proportionate allocation.

Commencing January 1, 1977, whenever the commission acquires title to private lands for wildlife management purposes, the commission shall annually make payments in lieu of taxes to the county treasurer of the county in which the land is located. Commencing January 1, 1997, the payments shall be the same as the real property taxes which would have been paid on the land if it were owned by a private owner. The value of the land shall be determined by the county assessor pursuant to sections 77-201 and 77-1301 to 77-1371 as if it were being used for the use it had immediately before acquisition by the commission excluding any improvements on the land either before or after its acquisition. The commission may protest the valuation of such land to the county board of equalization pursuant to section 77-1502 if the commission believes the land is not properly valued. The county board of equalization shall treat such protest in the same manner as any other protest pursuant to sections 77-1502 to 77-1509. The action of the county board of equalization on such protest may be appealed as provided in section 77-1510. The county treasurer shall allocate such payments to each taxing unit levying taxes on such property in the county in which the land has tax situs in the same proportion that the levy on the property of such taxing unit bears to the total levy on such real property of all the taxing units in which the property is taxed.

Source:Laws 1976, LB 861, § 18; Laws 1996, LB 345, § 1; R.S.Supp.,1996, § 37-110; Laws 1998, LB 922, § 93; Laws 2002, LB 994, § 4.    


37-336. State wildlife management areas; commission; powers; fees; disposition of proceeds; violation; penalty.

(1) State wildlife management areas shall be administered by the commission but not as a part of the state park system nor with park funds.

(2) The commission may establish and collect reasonable fees for the use of operated facilities of a personal-service nature in state wildlife management areas, may in its sole discretion grant concessions in such areas for the provision of appropriate services to the public, may grant permits for certain land or other resource utilization commensurate with the purposes of this section, and may prescribe and collect appropriate fees or rentals therefor. The proceeds of all such fees, rentals, and other revenue from operated facilities, concessions, or permits shall be deposited in the State Game Fund.

(3) Any person violating this section or the regulations governing the public use or administration of a state wildlife management area shall be guilty of a Class III misdemeanor.

(4) For purposes of this section, state wildlife management areas means those areas which are primarily of public hunting, fishing, or other wildlife values, and which cannot logically be classified in one of the categories listed in subdivision (1), (2), or (3) of section 37-338, when so designated by the commission to be maintained from fish and game funds.

Source:Laws 1959, c. 436, § 12, p. 1467; Laws 1978, LB 613, § 4; R.S.1943, (1996), § 81-815.32; Laws 1998, LB 922, § 94.


37-337. State park system; purpose.

The intent and purpose of sections 37-337 to 37-348 is to provide for the development and administration of a balanced state park system and to provide nonurban park areas for the inspiration, recreation, and enjoyment primarily of resident populations.

Source:Laws 1959, c. 436, § 1, p. 1464; Laws 1983, LB 610, § 2; R.S.1943, (1996), § 81-815.21; Laws 1998, LB 922, § 95.


37-338. Terms, defined.

For purposes of sections 37-337 to 37-348, unless the context otherwise requires:

(1) State parks means parks of substantial area with the primary value of significant statewide scenic, scientific, or historic interest and having a complete development potential and, when possible, a representative portion which can be retained in a natural or relatively undisturbed state;

(2) State recreation areas means (a) areas with a primary value for day use, but with secondary overnight-use facilities or potential, and which have reasonable expansion capability and are located in accordance with sound park management principles and (b) state recreational trails;

(3) State historical parks means only sites which, in the opinion of competent, recognized authorities, are of notable historical significance to the State of Nebraska, of a size adequate to develop the full interpretative potential of the site, and which may be equipped with limited day-use facilities when such facilities do not detract from nor interfere with the primary purposes and values thereof; and

(4) State recreational trails means linear corridors of statewide or regional significance, of value for nonmotorized recreational use, and which may be equipped with amenities and support facilities appropriate to their intended purpose.

Source:Laws 1959, c. 436, § 2, p. 1464; Laws 1978, LB 613, § 2; Laws 1983, LB 610, § 3; Laws 1993, LB 235, § 49; R.S.1943, (1996), § 81-815.22; Laws 1998, LB 922, § 96.


37-339. State park system; established; areas included; administration.

(1) The state park system hereby established shall consist of existing and acquired areas determined and designated by the commission as properly falling in one of the following classes: State parks, state recreation areas, and state historical parks.

(2) The commission shall be charged with the responsibility for the establishment and conduct of the state park system and all things pertaining thereto. The state park system shall be administered through a Division of State Parks hereby established within the commission to be headed by a division chief who has been selected for this purpose and who has an appropriate background in this field. The division chief shall be appointed by the commission and shall receive such salary as the commission shall determine.

Source:Laws 1959, c. 436, § 3, p. 1465; Laws 1978, LB 613, § 3; Laws 1983, LB 610, § 4; R.S.1943, (1996), § 81-815.23; Laws 1998, LB 922, § 97.


37-340. State park system; classification of areas.

The commission shall periodically evaluate and assess the state park system by classifications and may redesignate specific areas from one class to another.

Source:Laws 1959, c. 436, § 4, p. 1466; R.S.1943, (1996), § 81-815.24; Laws 1998, LB 922, § 98.


37-341. State park system; areas; designation.

All areas of the state park system shall be appropriately named and adequately designated by signs which shall be uniform in color and design, and of a type commensurate with the specific area. When applicable, state park names shall be indicative of the geography, history, or other natural features of the general area in which the park is located.

Source:Laws 1959, c. 436, § 5, p. 1466; R.S.1943, (1996), § 81-815.25; Laws 1998, LB 922, § 99.


37-342. Leases; lease-purchase agreements; commission; powers; restrictions.

The commission may enter into long-term leases, lease-purchase agreements, or other agreements with private or governmental agencies for the control and use of real estate for state park system purposes. Except as authorized in section 37-907, the commission shall not provide a local governmental subdivision or agency thereof with an indication of intent to incorporate into the state park system any land or facilities owned or developed by such subdivision or agency unless the indication of intent is first approved by the Legislature. When seeking such approval, the commission shall provide the Legislature with the estimated fiscal impact of the incorporation, including the extent to which the costs of the incorporation can reasonably be expected to be paid from cash funds and the extent to which the costs will likely be required to be paid from General Fund appropriations.

Source:Laws 1959, c. 436, § 7, p. 1466; Laws 1984, LB 967, § 1; R.S.1943, (1996), § 81-815.27; Laws 1998, LB 922, § 100.


37-343. Funds; use.

All funds made available by law, including funds already collected for state park purposes, shall be used only in the development and administration of the state park system.

Source:Laws 1959, c. 436, § 8, p. 1466; R.S.1943, (1996), § 81-815.28; Laws 1998, LB 922, § 101.


37-344. Rules and regulations; use by public.

The commission may permit the use of all or a part of the areas within the state park system by the public and is authorized to adopt, promulgate, and enforce rules and regulations pertaining to the use, care, and administration of the units of such a system.

Source:Laws 1959, c. 436, § 9, p. 1467; R.S.1943, (1996), § 81-815.29; Laws 1998, LB 922, § 102.


37-345. Fees; concessions; disposition; State Park Cash Revolving Fund; created; use; investment.

(1) The commission may establish and collect reasonable fees for the use of state park-operated facilities of a personal-service nature, such as cabins, camps, swimming facilities, boats, and other equipment or services of a similar nature. The commission, in its sole discretion, may grant concessions in state park areas for the provisions of certain appropriate services to the public, may grant permits for certain land or other resource utilization commensurate with the purposes of sections 37-337 to 37-348, and may prescribe and collect appropriate fees or rentals therefor.

(2) The proceeds of all such fees, rentals, or other revenue from operated facilities, concessions, or permits shall be credited to the State Park Cash Revolving Fund, which fund is hereby created in the state treasury, and shall be used by the commission solely for the improvement, maintenance, and operation of the state parks. Any money in the fund available for investment shall be invested by the state investment officer pursuant to the Nebraska Capital Expansion Act and the Nebraska State Funds Investment Act.

Source:Laws 1959, c. 436, § 10, p. 1467; Laws 1969, c. 584, § 99, p. 2408; Laws 1995, LB 7, § 103; R.S.1943, (1996), § 81-815.30; Laws 1998, LB 922, § 103.


Cross References

37-346. Commission; state parks; use by public; concessions; length of term; fees.

In its discretion, the commission may permit the use of state parks and recreation grounds, or any of them, by the public under such regulations as may be prescribed. It may, in like manner, grant concessions therein upon such rentals or fees and for such terms not exceeding twenty years, as it may deem advisable.

Source:Laws 1929, c. 113, § 6, p. 445; C.S.1929, § 81-6506; Laws 1935, c. 174, § 4, p. 641; C.S.Supp.,1941, § 81-6506; R.S.1943, § 81-812; Laws 1961, c. 428, § 1, p. 1337; R.S.1943, (1996), § 81-812; Laws 1998, LB 922, § 104.


37-347. Commission; Nebraska State Historical Society; recreational trails; cooperative agreements.

(1) The commission is hereby authorized to enter into cooperative agreements with the Nebraska State Historical Society and other appropriate public agencies for the reconnaissance, development, and administration of state historical parks.

(2) The commission may enter into cooperative agreements with appropriate agencies or subdivisions or departments of government for the reconnaissance, development, and administration of state recreational trails.

Source:Laws 1959, c. 436, § 11, p. 1467; Laws 1993, LB 235, § 50; R.S.1943, (1996), § 81-815.31; Laws 1998, LB 922, § 105.


37-348. State park system; violations; penalty.

Any person violating sections 37-337 to 37-348 or the rules and regulations governing the public use or administration of a state park shall be guilty of a Class III misdemeanor.

Source:Laws 1959, c. 436, § 13, p. 1468; Laws 1977, LB 39, § 295; R.S.1943, (1996), § 81-815.33; Laws 1998, LB 922, § 106.


37-349. State parks; use of name for trade purposes, prohibited; violation; penalty.

It shall be unlawful for any person, firm, or corporation carrying on within this state any business of whatever nature, conducted for profit, to adopt or use, as the name of the business, the name of any state park owned by the State of Nebraska. It shall further be unlawful for any person, firm, or corporation selling any commodity or service of any kind or nature whatever within this state to adopt or use, as a trade name, designation, or trademark of the commodity or service, the name of any state park owned by the State of Nebraska. The provisions of this section shall not prohibit or interfere in any way with the activities or powers of the commission. Any person, firm, or corporation which violates this section shall be guilty of a Class V misdemeanor.

Source:Laws 1927, c. 159, § 1, p. 422; C.S.1929, § 81-6516; R.S.1943, § 81-815; Laws 1993, LB 235, § 48; R.S.1943, (1996), § 81-815; Laws 1998, LB 922, § 107.


37-350. Declaration of policy.

Whereas the areas of the state park system are among the most precious resources of this state and the development and utilization of these resources are important to the health and welfare of each person and the public in general, the public policy of this state is hereby declared to be:

(1) To recognize the immeasurable worth of Nebraska's recreational opportunities and provide for the development, operation, and maintenance of areas of the state park system;

(2) To provide quality recreational opportunities because such opportunities are an integral part of the good life desired by all residents of Nebraska; and

(3) To promote a more aggressive program for the proper improvement and utilization of our state park system.

Source:Laws 1978, LB 109, § 2; R.S.1943, (1993), § 37-1302; Laws 1998, LB 922, § 108.


37-351. Nebraska Outdoor Recreation Development Cash Fund; created; investment.

There is hereby created a fund to be known as the Nebraska Outdoor Recreation Development Cash Fund. The fund shall contain the money received pursuant to section 77-2602 and any funds donated as gifts, bequests, or other contributions to such fund from public or private entities. Transfers may be made from the fund to the General Fund at the direction of the Legislature through June 30, 2011. Any money in the Nebraska Outdoor Recreation Development Cash Fund available for investment shall be invested by the state investment officer pursuant to the Nebraska Capital Expansion Act and the Nebraska State Funds Investment Act.

Source:Laws 1978, LB 109, § 4; R.S.1943, (1993), § 37-1303; Laws 1998, LB 922, § 109; Laws 2009, First Spec. Sess., LB3, § 18.    


Cross References

37-352. Nebraska Outdoor Recreation Development Cash Fund; disbursements; commission; multiyear recreational development plan.

(1) No appropriation shall be made from the Nebraska Outdoor Recreation Development Cash Fund until the commission has presented electronically a multiyear recreational development plan to the Legislature for its review, modification, and final approval. An updated version of such plan shall also be submitted electronically to the Legislature annually for its modification and approval. The money in such fund shall be administered according to this section by the commission for the development, operation, and maintenance of areas of the state park system. The money in such fund may be used in whole or in part for the matching of federal funds. All disbursements from the fund shall be made upon warrants drawn by the Director of Administrative Services.

(2) When a recreational plan is prepared for any state park system area or part of a state park system area cooperatively managed by the commission and the Nebraska State Historical Society, such plan shall insure that adequate funds are appropriated to develop and maintain historical aspects.

Source:Laws 1978, LB 109, § 5; Laws 1989, LB 18, § 3; R.S.1943, (1993), § 37-1304; Laws 1998, LB 922, § 110; Laws 2012, LB782, § 36.    


37-353. Taking of wildlife; when authorized.

All conservation officers, all wildlife managers employed by the commission, and all other staff designated by the commission shall be authorized to take any wildlife from the wild that has escaped captivity, is diseased, is needed for scientific study, is considered dangerous to human or livestock health, is damaging agricultural crops, or is otherwise deemed unsuitable to remain in the wild, as stipulated in rules and regulations adopted and promulgated by the commission.

Source:Laws 1999, LB 176, § 65.    


37-354. Operation and maintenance; requirements; compliance and enforcement.

Property conveyed by the commission pursuant to sections 90-272 to 90-275 and 90-278 shall be operated and maintained as follows:

(1) The property shall be maintained so as to appear attractive and inviting to the public;

(2) Sanitation and sanitary facilities shall be maintained in accordance with applicable health standards;

(3) Properties shall be kept reasonably open, accessible, and safe for public use. Fire prevention and similar activities shall be maintained for proper public safety;

(4) Buildings, roads, trails, and other structures and improvements shall be kept in reasonable repair throughout their estimated lifetime to prevent undue deterioration and to encourage public use; and

(5) The facility shall be kept open for public use at reasonable hours and times of the year, according to the type of area or facility.

The commission shall be responsible for compliance and enforcement of the requirements set forth in this section.

Source:Laws 2010, LB743, § 4;    Laws 2011, LB207, § 2;    Laws 2011, LB563, § 2;    Laws 2012, LB739, § 2.    


37-355. Aquatic Invasive Species Program; activities authorized.

The Aquatic Invasive Species Program is created. Funds identified to support the program shall be used for aquatic invasive species activities which may include monitoring and sampling waters of the state for aquatic invasive species, hiring personnel, purchasing equipment to inspect and decontaminate conveyances, providing additional enforcement, education, and research relating to aquatic invasive species, and conducting aquatic invasive species projects as needed.

Source:Laws 2015, LB142, § 2.    


37-401. Hunting, fishing, or fur-harvesting permit; required, when; exemptions; violation; penalty.

For the purpose of supplying revenue for the propagation, importation, distribution, protection, and conservation of the wildlife of this state, including all wild animals, birds, fish, and all things pertaining thereto, every person sixteen years of age or older who hunts for game animals or game birds or takes bullfrogs or any other species defined as game or who takes fish and every person sixteen years of age or older who engages in fur harvesting shall first pay a fee established by the commission pursuant to section 37-327 and obtain a permit except persons exempt from this requirement pursuant to section 37-402. Any person violating this section shall be guilty of a Class II misdemeanor and shall be fined at least forty dollars.

Source:Laws 1929, c. 112, II, § 1, p. 409; C.S.1929, § 37-201; Laws 1937, c. 89, § 2, p. 291; C.S.Supp.,1941, § 37-201; R.S.1943, § 37-201; Laws 1957, c. 140, § 1, p. 475; Laws 1957, c. 139, § 3, p. 465; Laws 1959, c. 149, § 1, p. 565; Laws 1961, c. 169, § 1, p. 501; Laws 1961, c. 170, § 1, p. 509; Laws 1963, c. 201, § 1, p. 650; Laws 1967, c. 216, § 2, p. 579; Laws 1973, LB 331, § 2; Laws 1975, LB 195, § 2; Laws 1976, LB 861, § 3; Laws 1981, LB 72, § 2; Laws 1983, LB 170, § 1; Laws 1987, LB 105, § 1; Laws 1989, LB 34, § 3; Laws 1993, LB 235, § 3; Laws 1995, LB 259, § 2; Laws 1996, LB 584, § 3; R.S.Supp.,1996, § 37-201; Laws 1998, LB 922, § 111.


37-402. Hunting, fishing, or fur-harvesting permit; persons exempt.

The following persons are exempt from the requirements of section 37-401:

(1) The owner or his or her invitee who takes fish in any body of water (a) which is entirely upon privately owned land, (b) which is entirely privately stocked, (c) which does not connect by inflow or outflow with other water outside such land, and (d) which is not operated on a commercial basis for profit; and

(2) Any paraplegic who takes fish in his or her privately owned body of water if he or she does not operate such body of water on a commercial basis for profit.

Source:Laws 1998, LB 922, § 112.


37-403. Farm or ranch owner or operator; hunting permit exemption; violation; penalty.

Any person who owns or operates farm or ranch land and who actually resides on a portion of such farm or ranch land, together with members of his or her immediate family also residing on such land, may hunt and possess, within duly established season bag and possession limits, upland game birds and all game except migratory waterfowl, shore birds, elk, deer, antelope, wild turkey, and mountain sheep without paying a fee and without obtaining a hunting permit as required in sections 37-401 and 37-411 or a habitat stamp as required in sections 37-426 to 37-433. For purposes of this exemption, immediate family means and is limited to husband and wife and their children and upland game means and is limited to cottontail rabbits, squirrels, grouse, partridges, pheasants, prairie chickens, and quail. Such exemption shall only apply to hunting done on land owned or operated by such person and shall not apply when hunting on the land of other persons. The commission may by rule and regulation require a person hunting without a permit claiming to come under this exemption to sign a statement presented by a conservation officer which states facts which verify that the person comes within this exemption.

A violation of this section shall be a Class IV misdemeanor.

Source:Laws 1998, LB 922, § 113.


37-404. Permits; qualifications; limitations.

(1) Any resident of the United States who has resided in this state continuously for a period of thirty days before applying for a permit under the Game Law and who has a bona fide intention of becoming a legal resident of this state, supported by documentary proof, shall be deemed to be a resident and may be issued a resident permit under the Game Law.

(2) No hunting permit shall be issued to any person who is known to have a significant physical or mental disability and who is unable to safely carry or use a firearm because of such disability except as provided in section 37-404.01.

(3) The commission may limit the number of days for which a permit is issued and the number of fish or game birds taken on one permit. The commission may provide for a method of tagging and identification of fish and game birds taken under a nonresident permit.

Source:Laws 1998, LB 922, § 114; Laws 1999, LB 176, § 17;    Laws 2003, LB 305, § 4;    Laws 2014, LB699, § 3.    


Annotations

37-404.01. Hunting permit; person with developmental disability; license-purchase exemption certificate; application; contents.

A hunting permit may be issued to any person who has a developmental disability and who has a license-purchase exemption certificate issued by the commission authorizing such person to purchase a hunting permit. The commission may adopt and promulgate rules and regulations to establish forms and procedures for the issuance of license-purchase exemption certificates. Any license-purchase exemption certificate issued pursuant to this section shall be issued at no cost to the person who has a developmental disability and shall clearly state on its face that the holder must at all times while hunting be accompanied as described in subsection (4) of section 37-413. No license-purchase exemption certificate shall be issued to any person who has been found by any court or mental health board to pose a current danger to himself or herself or others. As part of the application process for a license-purchase exemption certificate, a person who has a developmental disability shall present the commission with a written authorization signed by a physician indicating that the person who has a developmental disability is at all times capable of understanding and following directions given by another person and that the person who has a developmental disability is not a danger to himself or herself or others while engaged in hunting with a firearm. For purposes of this section, developmental disability has the same meaning as in section 83-1205.

Source:Laws 2014, LB699, § 2.    


37-405. Hunting, fishing, or fur-harvesting permit; expiration; duties of holder.

(1) The commission shall provide for the issuance of permits to hunt, fish, or harvest fur. Application for such permits shall be made to the commission or its agents and shall contain such information as may be prescribed by the commission. All applications for permits shall include the applicant's last four digits of his or her social security number. A permit shall authorize the person to whom it is issued to hunt, fish, or harvest fur-bearing animals as provided by the Game Law during the period for which the permit is issued.

(2) If the holder of a hunting permit is a hunter of migratory game birds, he or she shall be required to declare himself or herself as such and provide information regarding his or her migratory game bird hunting activity to the commission. Documentation of such a declaration shall be made on the hunting permit or a separate document which shall become a part of the permit. Costs to the commission of implementing such declaration and documentation and for participation in a federal program designed to obtain survey information on migratory bird hunting activity shall be funded from the State Game Fund. For purposes of this subsection, migratory bird has the definition found in 50 C.F.R. part 10, subpart B, section 10.12, and migratory game bird has the definition found in 50 C.F.R. part 20, subpart B, section 20.11(a).

(3)(a) All permits shall expire at midnight on December 31 in the year for which the permit is issued, except as otherwise provided in subdivision (b) of this subsection and sections 37-415, 37-420, and 37-421.

(b) The commission may issue multiple-year permits to hunt, fish, or harvest fur. The permits shall expire at midnight on December 31 in the last year for which the permit is valid.

(c) A multiple-year permit issued to a resident of Nebraska shall not be made invalid by reason of the holder subsequently residing outside of Nebraska.

(4) A person who is hunting, fur harvesting, or fishing shall present evidence of having a permit immediately upon demand to any officer or person whose duty it is to enforce the Game Law. Any person hunting, fishing, or fur harvesting in this state without such evidence shall be deemed to be without such permit.

(5) The commission shall adopt and promulgate rules and regulations necessary to carry out this section.

Source:Laws 1929, c. 112, II, § 2, p. 409; C.S.1929, § 37-202; Laws 1935, c. 84, § 1, p. 274; C.S.Supp.,1941, § 37-202; Laws 1943, c. 94, § 2, p. 322; R.S.1943, § 37-202; Laws 1947, c. 131, § 1, p. 373; Laws 1975, LB 79, § 1; Laws 1979, LB 434, § 1; Laws 1981, LB 72, § 3; Laws 1985, LB 224, § 1; Laws 1989, LB 34, § 4; Laws 1997, LB 173, § 2; Laws 1997, LB 752, § 86; R.S.Supp.,1997, § 37-202; Laws 1998, LB 922, § 115; Laws 1999, LB 176, § 18;    Laws 2003, LB 305, § 5;    Laws 2011, LB41, § 3;    Laws 2016, LB745, § 2.    


37-406. Licenses, permits, and stamps; issuance; fees; violation; penalty.

(1) Licenses, permits, and stamps required under the Game Law shall be issued by the commission and may be procured from the secretary of the commission. The commission may provide for the electronic issuance of any license, permit, or stamp required under the Game Law and may enter into contracts to procure necessary services and supplies for the electronic issuance of licenses, permits, and stamps. Except for permits issued under sections 37-462 and 37-463, the commission may provide for the issuance of any license, permit, or stamp required under the Game Law in the form of a number which identifies the holder in the records of the commission. The commission may designate itself and other persons, firms, and corporations as agents to issue licenses, permits, and stamps and collect the prescribed fees. The commission and any person, firm, or corporation authorized by the commission to issue licenses, permits, and stamps shall be entitled to collect and retain an additional fee of not more than three dollars, for each license, permit, or stamp issued as reimbursement for the clerical work of issuing the license, permit, or stamp and collecting and remitting the fees.

(2) The commission shall adopt and promulgate rules and regulations regarding electronic issuance of licenses, permits, and stamps, including electronic issuance devices, deposits by agents, and remittance of fees. The commission may provide for the electronic issuance of a license, permit, or stamp by acknowledging the purchase of such license, permit, or stamp without requiring a physical license, permit, or stamp or facsimile of such.

(3) It shall be unlawful for any person to duplicate any electronically issued license, permit, or stamp. Any person violating this subsection shall be guilty of a Class III misdemeanor and shall be fined at least seventy-five dollars, and any license, permit, or stamp involved in such violation shall be confiscated by the court.

Source:Laws 1929, c. 112, II, § 3, p. 409; C.S.1929, § 37-203; R.S.1943, § 37-203; Laws 1963, c. 202, § 1, p. 652; Laws 1983, LB 162, § 1; Laws 1993, LB 235, § 5; R.S.1943, (1993), § 37-203; Laws 1998, LB 922, § 116; Laws 1999, LB 176, § 19;    Laws 2002, LB 1003, § 18;    Laws 2003, LB 305, § 6;    Laws 2007, LB299, § 1;    Laws 2016, LB745, § 3.    


37-407. Hunting, fishing, and fur-harvesting permits; fees.

(1) The commission may offer multiple-year permits or combinations of permits at reduced rates and may establish fees pursuant to section 37-327 to be paid to the state for resident and nonresident annual hunting permits, annual fishing permits, three-day fishing permits, one-day fishing permits, combination hunting and fishing permits, fur-harvesting permits, and nonresident two-day hunting permits issued for periods of two consecutive days, as provided in this section.

(2) The fee for a multiple-year permit shall be established by the commission pursuant to section 37-327 and shall not be more than the number of years the permit will be valid times the fee required for an annual permit as provided in subsection (3) or (4) of this section. Payment for a multiple-year permit shall be made in a lump sum at the time of application. A replacement multiple-year permit may be issued under section 37-409 if the original is lost or destroyed.

(3) Resident fees shall be (a) not more than eighteen dollars for an annual hunting permit, (b) not more than twenty-four dollars for an annual fishing permit, (c) not more than fifteen dollars for a three-day fishing permit, (d) not more than nine dollars for a one-day fishing permit, (e) not more than thirty-nine dollars for an annual fishing and hunting permit, and (f) not more than twenty dollars for an annual fur-harvesting permit.

(4) Nonresident fees shall be (a) not more than two hundred sixty dollars for a period of time specified by the commission for fur harvesting one thousand or less fur-bearing animals and not more than seventeen dollars and fifty cents additional for each one hundred or part of one hundred fur-bearing animals harvested, (b)(i) for persons sixteen years of age and older, not more than one hundred six dollars for an annual hunting permit and (ii) for persons under sixteen years of age, not less than the fee required pursuant to subdivision (3)(a) of this section for an annual hunting permit, (c) not more than seventy-three dollars for a two-day hunting permit plus the cost of a habitat stamp, (d) not more than twelve dollars for a one-day fishing permit, (e) not more than twenty-two dollars for a three-day fishing permit, (f) not more than sixty-six dollars for an annual fishing permit, and (g)(i) for persons sixteen years of age and older, not more than one hundred fifty-nine dollars for an annual fishing and hunting permit and (ii) for persons under sixteen years of age, not less than the fee required pursuant to subdivision (3)(e) of this section for an annual fishing and hunting permit.

Source:Laws 1929, c. 112, II, § 4, p. 410; C.S.1929, § 37-204; Laws 1935, c. 84, § 2, p. 275; Laws 1939, c. 44, § 1, p. 203; C.S.Supp.,1941, § 37-204; Laws 1943, c. 94, § 3, p. 323; R.S.1943, § 37-204; Laws 1945, c. 78, § 1, p. 288; Laws 1947, c. 132, § 1, p. 374; Laws 1949, c. 101, § 1, p. 278; Laws 1955, c. 130, § 1, p. 376; Laws 1957, c. 140, § 2, p. 475; Laws 1959, c. 150, § 1, p. 568; Laws 1963, c. 203, § 1, p. 654; Laws 1963, c. 202, § 2, p. 652; Laws 1965, c. 195, § 1, p. 594; Laws 1967, c. 215, § 1, p. 576; Laws 1969, c. 290, § 1, p. 1060; Laws 1972, LB 777, § 1; Laws 1974, LB 811, § 4; Laws 1975, LB 489, § 1; Laws 1976, LB 861, § 4; Laws 1977, LB 129, § 1; Laws 1979, LB 78, § 1; Laws 1979, LB 553, § 1; Laws 1981, LB 72, § 4; Laws 1987, LB 105, § 2; Laws 1989, LB 34, § 5; Laws 1993, LB 235, § 6; Laws 1995, LB 579, § 1; Laws 1995, LB 583, § 1; R.S.Supp.,1996, § 37-204; Laws 1998, LB 922, § 117; Laws 2001, LB 111, § 1;    Laws 2002, LB 1003, § 19;    Laws 2003, LB 306, § 1;    Laws 2005, LB 162, § 2;    Laws 2007, LB299, § 2;    Laws 2009, LB105, § 5;    Laws 2011, LB41, § 4;    Laws 2016, LB745, § 4.    


Annotations

37-408. Permit fees; remittance.

Any county clerk, county official, or agent authorized to issue hunting, fishing, or fur-harvesting permits shall remit the fees for the permits to the commission in the manner and at the times prescribed by the rules and regulations of the commission.

Source:Laws 1929, c. 112, II, § 5, p. 410; C.S.1929, § 37-205; R.S.1943, § 37-205; Laws 1989, LB 34, § 6; R.S.1943, (1993), § 37-205; Laws 1998, LB 922, § 118; Laws 1999, LB 176, § 20.    


37-409. Hunting, fishing, and fur-harvesting permits; lost permit; replacement; fee.

The commission may issue a replacement permit for hunting, fishing, both hunting and fishing, or fur harvesting or for such other permits as may be issued by the commission to any person who has lost his or her original permit upon receipt from such person of satisfactory proof of purchase and an affidavit of loss of such original permit. The commission shall prescribe the procedures for applying for a replacement permit and may authorize electronic issuance. The commission may also designate agents to issue replacement permits pursuant to section 37-406. A fee of not less than one dollar and fifty cents and not more than five dollars, as established by the commission, shall be charged for the issuance of each replacement permit.

Source:Laws 1959, c. 151, § 1, p. 576; Laws 1967, c. 216, § 3, p. 580; Laws 1981, LB 72, § 5; Laws 1993, LB 235, § 7; R.S.1943, (1993), § 37-204.01; Laws 1998, LB 922, § 119; Laws 1999, LB 176, § 21;    Laws 2001, LB 111, § 2.    


37-410. Permits; unlawful acts; penalty; confiscation of permits; residents under sixteen years of age, no permit necessary.

(1) It shall be unlawful (a) for any person who has been issued a permit under the Game Law to lend or transfer his or her permit to another or for any person to borrow or use the permit of another, (b) for any person to procure a permit under an assumed name or to falsely state the place of his or her legal residence or make any other false statement in securing a permit, (c) for any person to knowingly issue or aid in securing a permit under the Game Law for any person not legally entitled thereto, (d) for any person disqualified for a permit to hunt, fish, or harvest fur with or without a permit during any period when such right has been forfeited or for which his or her permit has been revoked by the commission, or (e) for any nonresident under the age of sixteen years to receive a permit to harvest fur from any fur-bearing animal under the Game Law without presenting a written request therefor signed by his or her father, mother, or guardian.

(2) All children who are residents of the State of Nebraska and are under sixteen years of age shall not be required to have a permit to hunt, harvest fur, or fish.

(3) Any person violating subdivision (1)(a), (b), (c), or (d) of this section shall be guilty of a Class II misdemeanor and, upon conviction, shall be fined at least one hundred dollars for violations involving a fishing permit, at least one hundred fifty dollars for violations involving a small game, fur-harvesting, paddlefish, or deer permit, at least two hundred fifty dollars for violations involving an antelope permit, at least five hundred dollars for violations involving an elk permit, and at least one thousand dollars for violations involving a mountain sheep permit. Any person violating subdivision (1)(e) of this section shall be guilty of a Class III misdemeanor and shall be fined at least seventy-five dollars. Any permits purchased or used in violation of this section shall be confiscated by the court.

Source:Laws 1929, c. 112, II, § 8, p. 411; C.S.1929, § 37-208; Laws 1941, c. 72, § 8, p. 305; C.S.Supp.,1941, § 37-208; R.S.1943, § 37-208; Laws 1949, c. 102, § 1, p. 280; Laws 1959, c. 150, § 2, p. 569; Laws 1977, LB 40, § 173; Laws 1981, LB 72, § 6; Laws 1989, LB 34, § 9; R.S.1943, (1993), § 37-208; Laws 1998, LB 922, § 120; Laws 1999, LB 176, § 22;    Laws 2003, LB 305, § 7;    Laws 2009, LB105, § 6.    


37-411. Hunting, fishing, or fur harvesting without permit; unlawful; exceptions; violations; penalties.

(1) Unless issued a permit as required in the Game Law, it shall be unlawful:

(a) For any resident of Nebraska who is sixteen years of age or older or any nonresident of Nebraska to engage in fur harvesting or possess any fur-bearing animal or raw fur. Nonresident fur-harvesting permits may be issued only to residents of states which issue similar permits to residents of Nebraska;

(b) For any resident of Nebraska who is sixteen years of age or older or any nonresident of Nebraska to hunt or possess any kind of game birds, game animals, or crows;

(c) For any person who is sixteen years of age or older to hunt or possess any migratory waterfowl without a federal migratory bird hunting stamp and a Nebraska migratory waterfowl stamp as required under the Game Law and rules and regulations of the commission; or

(d) For any person who is sixteen years of age or older to take any kind of fish, bullfrog, snapping turtle, tiger salamander, or mussel from the waters of this state or possess the same except as provided in section 37-402. All nonresident anglers under sixteen years of age shall be accompanied by a person who has a valid fishing permit.

(2) It shall be unlawful for a nonresident to hunt or possess any kind of game birds or game animals, to take any kind of fish, mussel, turtle, or amphibian, or to harvest fur with a resident permit illegally obtained.

(3) It shall be unlawful for anyone to do or attempt to do any other thing for which a permit is required by the Game Law without first obtaining such permit and paying the fee required.

(4) Any nonresident who hunts or has in his or her possession any wild mammal or wild bird shall first have a nonresident hunting permit as required under the Game Law and rules and regulations of the commission.

(5) Any nonresident who takes or has in his or her possession any wild turtle, mussel, or amphibian shall first have a nonresident fishing permit as required under the Game Law and rules and regulations of the commission.

(6) Except as provided in this section and sections 37-407 and 37-418, it shall be unlawful for any nonresident to trap or attempt to trap or to harvest fur or attempt to harvest fur from any wild mammal.

(7)(a) Any person violating this section shall be guilty of a Class II misdemeanor and, upon conviction, shall be fined at least fifty dollars for failure to hold the appropriate stamp under subdivision (1)(c) of this section, at least one hundred dollars for failure to hold a fishing permit, at least one hundred fifty dollars for failure to hold a small game, fur-harvesting, paddlefish, or deer permit, at least two hundred fifty dollars for failure to hold an antelope permit, at least five hundred dollars for failure to hold an elk permit, and at least one thousand dollars for failure to hold a mountain sheep permit.

(b) If the offense is failure to hold a hunting, fishing, fur-harvesting, deer, turkey, or antelope permit as required, unless issuance of the required permit is restricted so that permits are not available, the court shall require the offender to purchase the required permit and exhibit proof of such purchase to the court.

Source:Laws 1929, c. 112, II, § 13, p. 412; C.S.1929, § 37-213; Laws 1937, c. 89, § 4, p. 292; Laws 1941, c. 72, § 3, p. 301; C.S.Supp.,1941, § 37-213; R.S.1943, § 37-213; Laws 1949, c. 102, § 2, p. 280; Laws 1957, c. 139, § 5, p. 466; Laws 1959, c. 149, § 2, p. 565; Laws 1959, c. 150, § 4, p. 571; Laws 1959, c. 154, § 1, p. 580; Laws 1961, c. 169, § 2, p. 502; Laws 1961, c. 171, § 1, p. 511; Laws 1965, c. 194, § 2, p. 592; Laws 1965, c. 197, § 1, p. 598; Laws 1967, c. 216, § 5, p. 581; Laws 1972, LB 777, § 2; Laws 1973, LB 331, § 3; Laws 1977, LB 40, § 176; Laws 1978, LB 75, § 1; Laws 1979, LB 435, § 1; Laws 1979, LB 553, § 2; Laws 1981, LB 72, § 9; Laws 1987, LB 105, § 4; Laws 1987, LB 171, § 1; Laws 1989, LB 34, § 11; Laws 1989, LB 127, § 1; Laws 1993, LB 235, § 10; Laws 1996, LB 584, § 5; R.S.Supp.,1996, § 37-213; Laws 1998, LB 922, § 121; Laws 1999, LB 176, § 23;    Laws 1999, LB 404, § 23;    Laws 2003, LB 305, § 8;    Laws 2005, LB 162, § 3;    Laws 2009, LB105, § 7;    Laws 2011, LB41, § 5.    


Cross References

Annotations

37-412. Hunting or fur-harvesting permit; exception for dog trials.

No hunting permit or fur-harvesting permit shall be required of any nonresident entering this state solely to participate in scheduled dog trials for which an entry fee is charged. For purposes of this section, scheduled dog trials means events in which hunting dogs and their owners or handlers compete and are judged under controlled conditions in various feats of skill and performance in the hunting or retrieving of birds and animals when such events are conducted under the written authorization of the commission.

Source:Laws 1998, LB 922, § 122.


37-413. Firearm hunter education program; commission issue certificate; hunting, lawful when; apprentice hunter education exemption certificate; fee.

(1) For the purpose of establishing and administering a mandatory firearm hunter education program for persons twelve through twenty-nine years of age who hunt with a firearm or air gun any species of game, game birds, or game animals, the commission shall provide a program of firearm hunter education training leading to obtaining a certificate of successful completion in the safe handling of firearms and shall locate and train volunteer firearm hunter education instructors. The program shall provide instruction in the areas of safe firearms use, shooting and sighting techniques, hunter ethics, game identification, and conservation management. The commission shall issue a firearm hunter education certificate of successful completion to persons having satisfactorily completed a firearm hunter education course accredited by the commission and shall print, purchase, or otherwise acquire materials as necessary for effective program operation. The commission shall adopt and promulgate rules and regulations for carrying out and administering such programs.

(2) It shall be unlawful for any person twenty-nine years of age or younger to hunt with a firearm or air gun any species of game, game birds, or game animals except:

(a) A person under the age of twelve years who is accompanied as described in subsection (4) of this section;

(b) A person twelve through twenty-nine years of age who has on his or her person proof of successful completion of a hunter education course as described in subsection (1) of this section or a hunter education course issued by the person's state or province of residence or by an accredited program recognized by the commission;

(c) A person twelve through twenty-nine years of age who has on his or her person the appropriate hunting permit and an apprentice hunter education exemption certificate issued by the commission pursuant to subsection (3) of this section and who is accompanied as described in subsection (4) of this section; or

(d) A person who has a developmental disability, who holds the appropriate hunting permit and a license-purchase exemption certificate issued pursuant to section 37-404.01, and who is accompanied as described in subsection (4) of this section.

(3) An apprentice hunter education exemption certificate may be issued to a person twelve through twenty-nine years of age, once during such person's lifetime with one renewal, upon payment of a fee of five dollars and shall expire at midnight on December 31 of the year for which the apprentice hunter education exemption certificate is issued. The commission may adopt and promulgate rules and regulations allowing for the issuance of apprentice hunter education exemption certificates. All fees collected under this subsection shall be remitted to the State Treasurer for credit to the State Game Fund.

(4) For purposes of this section, accompanied means under the direct supervision of a person who is: (a) Nineteen years of age or older having a valid hunting permit. If such person is nineteen years of age or older but not older than twenty-nine years of age, he or she shall have also completed the required course of instruction to receive a certificate of completion for hunter education; and (b) at all times in unaided visual and verbal communication of persons who have a developmental disability and who are authorized under section 37-404.01 or no more than two persons having an apprentice hunter education exemption certificate. This subsection does not prohibit the use by such person nineteen years of age or older of ordinary prescription eyeglasses or contact lenses or ordinary hearing instruments.

Source:Laws 1969, c. 766, § 1, p. 2903; Laws 1974, LB 865, § 1; Laws 1996, LB 584, § 1; R.S.Supp.,1996, § 37-104; Laws 1998, LB 922, § 123; Laws 2001, LB 111, § 3;    Laws 2003, LB 305, § 9;    Laws 2008, LB690, § 1;    Laws 2009, LB195, § 4;    Laws 2010, LB871, § 1;    Laws 2014, LB699, § 4.    


37-414. Bow hunter education program; certificate; issuance; hunting, lawful; when.

(1) The commission shall establish and administer a bow hunter education program providing instruction in the safe use of bow hunting equipment, the fundamentals of bow hunting, shooting and hunting techniques, game identification, conservation management, and hunter ethics. When establishing such a program, the commission shall locate and train volunteers as bow hunter education instructors. The commission shall issue a certificate of successful completion to any person who satisfactorily completes a bow hunter education program accredited by the commission and shall print, purchase, or otherwise acquire materials necessary for effective program operation. The commission shall adopt and promulgate rules and regulations for carrying out and administering such program.

(2) A person twelve through twenty-nine years of age who is hunting antelope, deer, elk, or mountain sheep with a bow and arrow or crossbow pursuant to any provision of sections 37-447 to 37-453 shall (a) have on his or her person proof of successful completion of a bow hunter education course issued by his or her state or province of residence or by an accredited program recognized by the commission, (b) have on his or her person the appropriate hunting permit and an apprentice hunter education exemption certificate issued by the commission pursuant to subsection (3) of section 37-413 and be accompanied as described in subsection (4) of section 37-413, or (c) hold the appropriate hunting permit and a license-purchase exemption certificate issued pursuant to section 37-404.01 if required pursuant to such section.

Source:Laws 1991, LB 403, § 1; Laws 1996, LB 584, § 2; Laws 1997, LB 107, § 1; R.S.Supp.,1997, § 37-105; Laws 1998, LB 922, § 124; Laws 2001, LB 111, § 4;    Laws 2003, LB 305, § 10;    Laws 2007, LB299, § 3;    Laws 2008, LB690, § 2;    Laws 2014, LB699, § 5.    


37-415. Lifetime fur-harvesting, fishing, hunting, or combination permit; fees; replacement; rules and regulations.

(1) The commission may issue to any Nebraska resident a lifetime fur-harvesting, fishing, hunting, or combination hunting and fishing permit upon application and payment of the appropriate fee. The fee for a resident lifetime fur-harvesting permit shall be not more than two hundred ninety-nine dollars, the fee for a resident lifetime hunting permit shall be not more than three hundred ninety-six dollars, the fee for a resident lifetime fishing permit shall be not more than four hundred fifty-seven dollars plus the cost of a lifetime aquatic habitat stamp, and the fee for a resident lifetime combination hunting and fishing permit shall be not more than seven hundred ninety-two dollars plus the cost of a lifetime aquatic habitat stamp, as such fees are established by the commission pursuant to section 37-327. Payment of the fee shall be made in a lump sum at the time of application.

(2) A resident lifetime permit shall not be made invalid by reason of the holder subsequently residing outside the state.

(3) The commission may issue to any nonresident a lifetime fishing, hunting, or combination hunting and fishing permit upon application and payment of the appropriate fee. The fee for a nonresident lifetime hunting permit shall be not more than one thousand five hundred sixty-two dollars, the fee for a nonresident lifetime fishing permit shall be not more than one thousand one hundred twenty-five dollars plus the cost of a lifetime aquatic habitat stamp, and the fee for a nonresident lifetime combination hunting and fishing permit shall be not more than two thousand three hundred forty-two dollars plus the cost of a lifetime aquatic habitat stamp, as such fees are established by the commission pursuant to section 37-327. Payment of the fee shall be made in a lump sum at the time of application.

(4) A replacement resident or nonresident lifetime permit may be issued if the original has been lost or destroyed. The fee for a replacement shall be not more than five dollars, as established by the commission.

(5) The commission may adopt and promulgate rules and regulations to carry out this section and sections 37-416 and 37-417. Such rules and regulations may include, but need not be limited to, establishing fees which vary based on the age of the applicant.

Source:Laws 1983, LB 173, § 1; Laws 1993, LB 235, § 4; R.S.1943, (1993), § 37-202.01; Laws 1998, LB 922, § 125; Laws 1999, LB 176, § 24;    Laws 2001, LB 111, § 5;    Laws 2003, LB 306, § 2;    Laws 2005, LB 162, § 4;    Laws 2008, LB1162, § 1;    Laws 2009, LB105, § 8;    Laws 2016, LB745, § 5.    


37-416. Lifetime permits; stamps, required.

Lifetime hunting, fishing, or combination hunting and fishing permits shall not allow fur harvesting, the hunting of elk, mountain sheep, deer, antelope, or wild turkey, or other hunting or fishing done under authority of any special permit. The holder of a lifetime permit is required to purchase habitat stamps, aquatic habitat stamps, and Nebraska migratory waterfowl stamps pursuant to section 37-426.

Source:Laws 1983, LB 173, § 2; Laws 1996, LB 584, § 4; R.S.Supp.,1996, § 37-202.02; Laws 1998, LB 922, § 126; Laws 1999, LB 176, § 25;    Laws 2005, LB 162, § 5.    


37-417. Lifetime permits; fees; disposition.

Fees received for lifetime permits under the Game Law shall be credited to the State Game Fund. Twenty-five percent of the fees for lifetime permits shall not be expended but may be invested by the state investment officer pursuant to the Nebraska Capital Expansion Act and the Nebraska State Funds Investment Act. Income from such investments may be expended by the commission.

Source:Laws 1983, LB 173, § 3; Laws 1995, LB 7, § 32; R.S.Supp.,1996, § 37-202.03; Laws 1998, LB 922, § 127; Laws 2009, LB105, § 9.    


Cross References

37-418. Permits for scientific, educational, or private wildlife management purposes; when granted.

Permits may be granted by the commission to any properly accredited person to take and collect for strictly scientific, educational, or private wildlife management purposes any of the fauna hereby protected and their nests, eggs, and spawn. The commission shall adopt and promulgate rules and regulations to carry out this section, including, but not limited to, requirements relating to applications, eligibility, species which may be taken, methods of taking, and reporting.

Source:Laws 1929, c. 112, II, § 9, p. 411; C.S.1929, § 37-209; R.S.1943, § 37-209; Laws 1967, c. 217, § 1, p. 592; R.S.1943, (1993), § 37-209; Laws 1998, LB 922, § 128; Laws 2001, LB 130, § 2.    


37-419. Hunting, fishing, or fur-harvesting permit; person stationed in Nebraska in military service; certain students; resident permit.

(1) Any person in the military service of the United States, regardless of residence, who has been ordered to active duty at any facility of the Department of Defense or its component services located in the State of Nebraska, may hunt, fish, or harvest fur on the appropriate resident permit upon satisfactory proof that such person has been actually present for duty at such facility for a period of thirty days or more.

(2) Any person enrolled and in actual attendance as a full-time student in any university, college, junior college, or vocational-technical college in this state, regardless of residence, or any high school foreign exchange student in this state, may hunt or fish on the appropriate resident permit upon satisfactory proof that such person has been actually in attendance at any such institution for a period of thirty days or more or is a high school foreign exchange student.

Source:Laws 1951, c. 107, § 1, p. 515; Laws 1957, c. 139, § 6, p. 467; Laws 1959, c. 150, § 5, p. 572; Laws 1967, c. 216, § 6, p. 583; Laws 1969, c. 291, § 1, p. 1062; Laws 1972, LB 1057, § 1; Laws 1981, LB 72, § 10; Laws 1983, LB 104, § 1; R.S.1943, (1993), § 37-214.01; Laws 1998, LB 922, § 129.


37-420. Hunting, fur-harvesting, and fishing permit; veterans; exempt from payment of fees, when; special permits; limitations.

(1) Any veteran who is a legal resident of the State of Nebraska shall, upon application and without payment of any fee, be issued a combination fishing, fur-harvesting, and hunting permit, habitat stamp, aquatic habitat stamp, and Nebraska migratory waterfowl stamp if the veteran:

(a) Was discharged or separated with a characterization of honorable or general (under honorable conditions); and

(b)(i) Is rated by the United States Department of Veterans Affairs as fifty percent or more disabled as a result of service in the armed forces of the United States; or

(ii) Is receiving a pension from the department as a result of total and permanent disability, which disability was not incurred in the line of duty in the military service.

(2) If disabled persons are unable by reason of physical infirmities to hunt and fish in the normal manner, the commission may issue special permits without cost to those persons to hunt and fish from a vehicle, but such permits shall not authorize any person to shoot from any public highway.

(3) All permits issued without the payment of any fees pursuant to this section shall be perpetual and become void only upon termination of eligibility as provided in this section.

(4) The commission may adopt and promulgate rules and regulations necessary to carry out this section.

(5) Permits issued under subdivision (3) of this section as it existed prior to January 1, 2006, shall not expire as provided in section 37-421.

Source:Laws 1957, c. 143, § 1, p. 479; Laws 1959, c. 155, § 1, p. 582; Laws 1965, c. 198, § 1, p. 600; Laws 1967, c. 216, § 7, p. 583; Laws 1972, LB 1204, § 1; Laws 1973, LB 138, § 1; Laws 1979, LB 434, § 2; Laws 1991, LB 2, § 5; Laws 1993, LB 235, § 11; R.S.1943, (1993), § 37-214.03; Laws 1998, LB 922, § 130; Laws 2005, LB 54, § 6;    Laws 2005, LB 162, § 6;    Laws 2005, LB 227, § 2;    Laws 2011, LB41, § 6;    Laws 2016, LB745, § 6.    


37-421. Combination hunting, fur-harvesting, and fishing permits; stamps; persons eligible; special permits, limitation.

(1) The commission may issue an annual combination fishing, fur-harvesting, and hunting permit, habitat stamp, aquatic habitat stamp, and Nebraska migratory waterfowl stamp upon application and payment of a fee of five dollars to (a) any Nebraska resident who is a veteran, who is sixty-four years of age or older, and who was discharged or separated with a characterization of honorable or general (under honorable conditions) or (b) any Nebraska resident who is sixty-nine years of age or older.

(2) A permit issued as provided in this section shall expire as provided in subdivision (3)(a) of section 37-405. Permits issued under this section as it existed before January 1, 2006, shall not expire as provided in section 37-405.

(3) If disabled persons are unable by reason of physical infirmities to hunt and fish in the normal manner, the commission may issue special permits without cost to those persons to hunt and fish from a vehicle, but such permits shall not authorize any person to shoot from any public highway.

(4) The commission may adopt and promulgate rules and regulations necessary to carry out this section.

Source:Laws 1972, LB 1204, § 6; Laws 1973, LB 138, § 2; Laws 1975, LB 79, § 2; Laws 1979, LB 434, § 3; Laws 1993, LB 235, § 12; R.S.1943, (1993), § 37-214.04; Laws 1998, LB 922, § 131; Laws 2005, LB 162, § 7;    Laws 2005, LB 227, § 3;    Laws 2011, LB41, § 7;    Laws 2016, LB745, § 7.    


37-421.01. Military deployment; permits; stamps; conditions; fee.

(1) Notwithstanding any provision of section 37-407 to the contrary, a Nebraska resident who is deployed out of state with a branch of the United States military or has been so deployed within the last twelve months at the time of application shall be entitled to receive an annual combination fishing, fur-harvesting, and hunting permit, habitat stamp, aquatic habitat stamp, and Nebraska migratory waterfowl stamp on a one-time basis upon returning to the state if the resident:

(a) Submits an application to the commission with a fee of five dollars; and

(b) Provides to the commission evidence of the resident's deployment out of state.

(2)(a) Notwithstanding any provision of section 37-447, 37-449, 37-450, 37-451, or 37-457 to the contrary, a Nebraska resident who purchased a big game permit and who was deployed out of state with a branch of the United States military for the entire season of the hunt and who was unable to use the permit shall be entitled to receive a discounted permit on a one-time basis upon returning to the state if the resident provides to the commission evidence of deployment. Alternatively, the member of the military may request a refund of the amount paid for a big game permit and the commission shall pay such amount.

(b) For purposes of this subsection, big game means antelope, deer, elk, mountain sheep, and wild turkeys.

(c) The commission shall establish a fee of five dollars for the discounted permits authorized in this subsection.

(3) The commission may authorize electronic issuance of the discounted permits authorized under this section.

(4) The commission may adopt and promulgate rules and regulations that set forth the procedures for applying for, and the issuance of, the discounted permits authorized in this section, including what constitutes evidence of deployment to qualify for the permits.

Source:Laws 2005, LB 121, § 1;    Laws 2011, LB41, § 8;    Laws 2016, LB745, § 8.    


37-422. Special daily fishing permits; fee; form; requirements; commission; establish; educational fishing project permits.

(1) The commission may require special daily fishing permits on areas designated by it and subject to intensive fishery management. Such permits may be vended by mechanical or electronic methods. The commission may establish the fee, form, and requirements of such special daily fishing permit, and establish rules and regulations and commission orders pursuant to section 37-314 governing seasons, limits, methods of taking, open or closed waters, and such other regulations and commission orders as it deems necessary on such designated areas. Such special daily fishing permit shall be required of any and all persons fishing on the designated area and shall be the only fishing permit required thereon. The commission may only issue the permits authorized by this section on staffed areas or on portions of staffed areas under its ownership or control which are intensively managed or stocked for a high level of fish production.

(2) An educational fishing project permit may be issued to any instructor of a university, college, or high school and his or her students participating in an educational fishing project. Such persons shall be exempt from the payment of any fees provided by the Game Law for the privilege of fishing in Nebraska while participating in the project. Such exemption shall not extend to the privilege of commercial fishing or to the privilege of fishing for any species of fish on which an open season is limited to a restricted number of permits or to special permits for a restricted area. The commission shall adopt and promulgate rules and regulations necessary to carry out this subsection.

Source:Laws 1967, c. 212, § 1, p. 573; R.S.1943, (1993), § 37-204.02; Laws 1998, LB 922, § 132; Laws 1999, LB 176, § 26;    Laws 2013, LB499, § 4.    


37-423. Fishing permit; recipient of old age assistance; exempt from payment of fees; condition.

Any person who is a recipient of old age assistance as provided by Chapter 68, article 10, and who is a resident of the State of Nebraska shall be exempt from the payment of any fees provided by the laws of the State of Nebraska for the privilege of fishing in Nebraska if he or she obtains a certificate from the county clerk of the county in which such person resides certifying that he or she is a recipient of old age assistance.

Source:Laws 1951, c. 111, § 1, p. 519; R.S.1943, (1993), § 37-214.02; Laws 1998, LB 922, § 133.


37-424. Special fishing permit for resident who is physically or developmentally disabled; fee.

(1) The commission may issue, regardless of any other requirements or qualifications of the Game Law, special fishing permits to those residents of the State of Nebraska who are severely physically disabled or developmentally disabled and who require assistance fishing. The special permit shall entitle the disabled person and one person assisting the disabled person to take or possess any aquatic organism in compliance with the Game Law. The special permit shall be valid without an aquatic habitat stamp issued under the provisions of sections 37-426 to 37-433. The disabled person shall be considered the holder of the permit. The annual fee for such permit shall be five dollars, regardless of the age of the applicant.

(2) For purposes of this section, severely physically disabled person means a person certified by a physician to have a permanent physical impairment which results in an inability to use fishing equipment unassisted.

(3) For purposes of this section, developmentally disabled person means a person who has a developmental disability as defined in section 83-1205 and whose disability is certified by a physician as resulting in an inability to use fishing equipment unassisted.

(4) The commission shall adopt and promulgate rules and regulations necessary to carry out this section.

Source:Laws 1997, LB 19, § 1; R.S.Supp.,1997, § 37-204.03; Laws 1998, LB 922, § 134.


37-425. Special fishing permits for wards of the state; issuance.

The commission may issue, regardless of any other requirements or qualifications of law, without cost, special fishing permits to wards of the state, on a group basis, for therapeutic purposes, when application has been made to the commission by the head of the appropriate state institution involved.

Source:Laws 1998, LB 922, § 135.


37-426. Taking birds, animals, and aquatic organisms; stamps; when required; exhibit on request; fees.

(1) Except as provided in subsection (4) of this section:

(a) No resident of Nebraska sixteen years of age or older and no nonresident of Nebraska regardless of age shall hunt, harvest, or possess any game bird, upland game bird, game animal, or fur-bearing animal unless, at the time of such hunting, harvesting, or possessing, such person has an unexpired habitat stamp as prescribed by the rules and regulations of the commission prior to the time of hunting, harvesting, or possessing such bird or animal;

(b) No resident or nonresident of Nebraska shall take or possess any aquatic organism requiring a Nebraska fishing permit, including any fish, bullfrog, snapping turtle, tiger salamander, or mussel, unless, at the time of such taking or possessing, such person has an unexpired aquatic habitat stamp as prescribed by the rules and regulations of the commission prior to the time of taking or possessing a fish, bullfrog, snapping turtle, tiger salamander, or mussel; and

(c) No resident of Nebraska sixteen years of age or older and no nonresident of Nebraska regardless of age shall hunt, harvest, or possess any migratory waterfowl unless, at the time of such hunting, harvesting, or possessing, such person has an unexpired Nebraska migratory waterfowl stamp as prescribed by the rules and regulations of the commission prior to the time of hunting, harvesting, or possessing such migratory waterfowl.

(2)(a) The commission may issue a lifetime habitat stamp upon application and payment of the appropriate fee. The fee for a lifetime habitat stamp shall be twenty times the fee required in subsection (5) of this section for an annual habitat stamp. Payment of such fee shall be made in a lump sum at the time of application. A replacement lifetime habitat stamp may be issued if the original is lost or destroyed. The fee for a replacement shall be not more than five dollars, as established by the commission.

(b) The commission may issue a lifetime Nebraska migratory waterfowl stamp upon application and payment of the appropriate fee. The fee for a lifetime Nebraska migratory waterfowl stamp shall be twenty times the fee required in subsection (5) of this section for an annual Nebraska migratory waterfowl stamp. Payment of such fee shall be made in a lump sum at the time of application. A replacement Nebraska lifetime migratory waterfowl stamp may be issued if the original is lost or destroyed. The fee for a replacement shall be not more than five dollars, as established by the commission.

(c) The commission may issue a lifetime aquatic habitat stamp upon application and payment of the appropriate fee. The fee for a lifetime aquatic habitat stamp shall be twenty times the fee required in subdivision (5)(c) of this section for an annual aquatic habitat stamp. Payment of such fee shall be made in a lump sum at the time of application. A replacement lifetime aquatic habitat stamp may be issued if the original is lost or destroyed. The fee for a replacement shall be not more than five dollars, as established by the commission.

(3)(a) The commission may issue a multiple-year habitat stamp upon application and payment of the appropriate fee. The fee for a multiple-year habitat stamp shall be established by the commission pursuant to section 37-327 and shall not be more than the number of years the stamp is valid times the fee required in subsection (5) of this section for an annual habitat stamp. Payment of such fee shall be made in a lump sum at the time of application. A replacement multiple-year habitat stamp may be issued if the original is lost or destroyed.

(b) The commission may issue a multiple-year Nebraska migratory waterfowl stamp upon application and payment of the appropriate fee. The fee for a multiple-year Nebraska migratory waterfowl stamp shall be established by the commission pursuant to section 37-327 and shall not be more than the number of years the stamp is valid times the fee required in subsection (5) of this section for an annual Nebraska migratory waterfowl stamp. Payment of such fee shall be made in a lump sum at the time of application. A replacement Nebraska multiple-year migratory waterfowl stamp may be issued if the original is lost or destroyed.

(c) The commission may issue a multiple-year aquatic habitat stamp upon application and payment of the appropriate fee. The fee for a multiple-year aquatic habitat stamp shall be established by the commission pursuant to section 37-327 and shall not be more than the number of years the stamp is valid times the fee required in subsection (5) of this section for an annual aquatic habitat stamp. Payment of such fee shall be made in a lump sum at the time of application. A replacement multiple-year aquatic habitat stamp may be issued if the original is lost or destroyed.

(4) Habitat stamps are not required for holders of limited permits issued under section 37-455. Aquatic habitat stamps are not required (a) when a fishing permit is not required, (b) for holders of permits pursuant to section 37-424, or (c) for holders of lifetime fishing permits or lifetime combination hunting and fishing permits purchased prior to January 1, 2006. Nebraska migratory waterfowl stamps are not required for hunting, harvesting, or possessing any species other than ducks, geese, or brant. For purposes of this section, a showing of proof of the electronic issuance of a stamp by the commission shall fulfill the requirements of this section.

(5)(a) Any person to whom a stamp has been issued shall, immediately upon request, exhibit evidence of issuance of the stamp to any officer. Any person hunting, fishing, harvesting, or possessing any game bird, upland game bird, game animal, or fur-bearing animal or any aquatic organism requiring a fishing permit in this state without evidence of issuance of the appropriate stamp shall be deemed to be without such stamp.

(b) An annual habitat stamp shall be issued upon the payment of a fee of twenty-five dollars per stamp. A multiple-year habitat stamp shall be issued in conjunction with a multiple-year hunting permit or a multiple-year combination hunting and fishing permit at a fee of not more than twenty-five dollars times the number of years the multiple-year permit is valid.

(c) An aquatic habitat stamp shall be issued in conjunction with each fishing permit for a fee of fifteen dollars per stamp for annual fishing permits, three-day fishing permits, or combination hunting and fishing permits, a fee of not more than fifteen dollars times the number of years the multiple-year fishing permit or a multiple-year combination hunting and fishing permit is valid, and a fee of not more than twenty times the fee required for an annual aquatic habitat stamp for lifetime fishing or combination hunting and fishing permits. The fee established under section 37-407 for a one-day fishing permit shall include an aquatic habitat stamp. One dollar from the sale of each one-day fishing permit shall be remitted to the State Treasurer for credit to the Nebraska Aquatic Habitat Fund.

(d) An annual Nebraska migratory waterfowl stamp shall be issued upon the payment of a fee of not less than ten dollars and not more than sixteen dollars per stamp. A multiple-year Nebraska migratory waterfowl stamp may only be issued in conjunction with a multiple-year hunting permit or a multiple-year combination hunting and fishing permit at a fee of not more than the annual fee times the number of years the multiple-year permit is valid.

(e) The commission shall establish the fees pursuant to section 37-327.

Source:Laws 1976, LB 861, § 7; Laws 1981, LB 72, § 12; Laws 1983, LB 170, § 3; Laws 1991, LB 340, § 1; Laws 1993, LB 235, § 15; Laws 1996, LB 584, § 9; Laws 1997, LB 19, § 3; R.S.Supp.,1997, § 37-216.01; Laws 1998, LB 922, § 136; Laws 1999, LB 176, § 27;    Laws 2001, LB 111, § 6;    Laws 2002, LB 1003, § 20;    Laws 2003, LB 305, § 11;    Laws 2003, LB 306, § 3;    Laws 2005, LB 162, § 8;    Laws 2007, LB299, § 4;    Laws 2008, LB1162, § 2;    Laws 2009, LB105, § 10;    Laws 2011, LB41, § 9;    Laws 2016, LB745, § 9.    


37-427. Stamps; nontransferable; expiration.

The habitat stamp, aquatic habitat stamp, or Nebraska migratory waterfowl stamp required by section 37-426 is not transferable. The lifetime habitat stamp, the lifetime aquatic habitat stamp, and the lifetime Nebraska migratory waterfowl stamp do not expire. A multiple-year stamp expires at midnight on December 31 in the last year for which the multiple-year stamp is valid. A habitat stamp purchased for a permit which is valid into the next calendar year expires when the permit expires. Any other stamp expires at midnight on December 31 in the year for which the stamp is issued.

Source:Laws 1976, LB 861, § 8; Laws 1983, LB 174, § 2; Laws 1996, LB 584, § 10; R.S.Supp.,1996, § 37-216.02; Laws 1998, LB 922, § 137; Laws 1999, LB 176, § 28;    Laws 2001, LB 111, § 7;    Laws 2003, LB 305, § 12;    Laws 2005, LB 162, § 9;    Laws 2007, LB299, § 5;    Laws 2011, LB41, § 10.    


37-428. Stamps; unlawful acts; penalty; affirmative defense.

It shall be unlawful: (1) For any person who has a stamp under sections 37-426 to 37-433 to lend or transfer the stamp to another person or for any person to borrow or use the stamp of another; (2) for any person to (a) procure a stamp under an assumed name, (b) falsely state the place of his or her legal residence in procuring the stamp, or (c) make any other false statement in procuring the stamp; (3) for any person to knowingly issue or aid in securing a stamp under sections 37-426 to 37-433 for any person not legally entitled thereto; (4) for any person disqualified for a stamp to take or possess a fish, bullfrog, snapping turtle, tiger salamander, or mussel, to hunt game birds, upland game birds, or game animals, or to harvest fur-bearing animals with or without a stamp during any period when such right has been forfeited or for which his or her stamp has been revoked by the commission; or (5) for anyone to take or possess a fish, bullfrog, snapping turtle, tiger salamander, or mussel, to hunt game birds, migratory waterfowl, upland game birds, or game animals, or to harvest fur-bearing animals without a permit as required by section 37-401 and the appropriate stamp as required by the Game Law. Any person violating any of the provisions of sections 37-426 to 37-433 shall be guilty of a Class V misdemeanor and the court shall require the offender to purchase the required stamp, and any stamp obtained or used in violation of sections 37-426 to 37-433 shall be canceled and confiscated, if appropriate, by the court.

It shall be an affirmative defense to prosecution for any violation of sections 37-426 to 37-433 for which possession is an element of the offense that such possession was not the result of effort or determination or that the actor was unaware of his or her physical possession or control for a sufficient period to have been able to terminate such possession or control.

Source:Laws 1976, LB 861, § 10; Laws 1977, LB 41, § 6; Laws 1983, LB 174, § 4; Laws 1996, LB 584, § 12; R.S.Supp.,1996, § 37-216.04; Laws 1998, LB 922, § 138; Laws 2003, LB 305, § 13;    Laws 2005, LB 162, § 10.    


37-429. Stamps; issuance.

The commission shall provide for the issuance of habitat stamps, aquatic habitat stamps, and Nebraska migratory waterfowl stamps in the manner provided in section 37-406.

Source:Laws 1976, LB 861, § 11; Laws 1983, LB 174, § 5; Laws 1996, LB 584, § 13; R.S.Supp.,1996, § 37-216.05; Laws 1998, LB 922, § 139; Laws 1999, LB 176, § 29;    Laws 2005, LB 162, § 11.    


37-430. Habitat stamps; authorized agents; fees; remit.

Any person, firm, or corporation authorized as an agent to sell the stamps under sections 37-426 to 37-433 and collect the fees therefor shall remit the fees for the stamps to the commission in the manner and at the times prescribed by the rules and regulations of the commission.

Source:Laws 1976, LB 861, § 12; Laws 1983, LB 174, § 6; Laws 1996, LB 584, § 14; R.S.Supp.,1996, § 37-216.06; Laws 1998, LB 922, § 140; Laws 1999, LB 176, § 30.    


37-431. Nebraska Habitat Fund; Nebraska Aquatic Habitat Fund; created; use; investment; stamps; fees; disposition; duties of officials; violation; penalty.

(1)(a) The Nebraska Habitat Fund is created. The commission shall remit fees received for annual and multiple-year habitat stamps and annual and multiple-year Nebraska migratory waterfowl stamps to the State Treasurer for credit to the Nebraska Habitat Fund. Any money in the fund available for investment shall be invested by the state investment officer pursuant to the Nebraska Capital Expansion Act and the Nebraska State Funds Investment Act. Up to twenty-five percent of the annual receipts of the fund may be spent by the commission to provide access to private wildlife lands and habitat areas, and the remainder of the fund shall not be spent until the commission has presented a habitat plan to the Committee on Appropriations of the Legislature for its approval.

(b) Fees received for lifetime habitat stamps and lifetime Nebraska migratory waterfowl stamps under the Game Law shall be credited to the Nebraska Habitat Fund. Twenty-five percent of the fees for such stamps shall not be expended but may be invested by the state investment officer pursuant to the Nebraska Capital Expansion Act and the Nebraska State Funds Investment Act. Income from such investments may be expended by the commission pursuant to section 37-432.

(2)(a) The Nebraska Aquatic Habitat Fund is created. The commission shall remit fees received for annual and multiple-year aquatic habitat stamps and one dollar of the one-day fishing permit fee as provided in section 37-426 to the State Treasurer for credit to the Nebraska Aquatic Habitat Fund. Any money in the fund available for investment shall be invested by the state investment officer pursuant to the Nebraska Capital Expansion Act and the Nebraska State Funds Investment Act. Up to thirty percent of the annual receipts of the fund may be spent by the commission to provide public waters angler access enhancements and to provide funding for the administration of programs related to aquatic habitat and public waters angler access enhancements, and the remainder of the fund shall not be spent until the commission has presented a habitat plan to the Committee on Appropriations and the Committee on Natural Resources of the Legislature for their approval.

(b) Fees received for lifetime aquatic habitat stamps shall be credited to the Nebraska Aquatic Habitat Fund and shall not be expended but may be invested by the state investment officer pursuant to the Nebraska Capital Expansion Act and the Nebraska State Funds Investment Act. Income from such investments may be expended by the commission pursuant to section 37-432.

(3) The secretary of the commission and any county clerk or public official designated to sell habitat stamps, aquatic habitat stamps, or Nebraska migratory waterfowl stamps shall be liable upon their official bonds or equivalent commercial insurance policy for failure to remit the money from the sale of the stamps, as required by sections 37-426 to 37-433, coming into their hands. Any agent who receives stamp fees and who fails to remit the fees to the commission within a reasonable time after demand by the commission shall be liable to the commission in damages for double the amount of the funds wrongfully withheld. Any agent who purposefully fails to remit such fees with the intention of converting them is guilty of theft. The penalty for such violation shall be determined by the amount converted as specified in section 28-518.

Source:Laws 1976, LB 861, § 13; Laws 1983, LB 174, § 7; Laws 1996, LB 584, § 15; R.S.Supp.,1996, § 37-216.07; Laws 1998, LB 922, § 141; Laws 1999, LB 176, § 31;    Laws 2001, LB 111, § 8;    Laws 2004, LB 884, § 19;    Laws 2005, LB 162, § 12;    Laws 2007, LB299, § 6;    Laws 2009, LB105, § 11;    Laws 2011, LB41, § 11.    


Cross References

37-432. Stamps; money received from fees; administered by commission; purposes.

(1) All money received from the sale of habitat stamps, as provided by sections 37-426 to 37-433, shall be administered by the commission for the acquisition of, on a willing-seller willing-buyer basis only, leasing of, development of, management of, enhancement of, access to, and taking of easements on wildlife lands and habitat areas. Such funds may be used in whole or in part for the matching of federal funds. Up to twenty-five percent of the money received from the sale of habitat stamps may be used to provide access to private wildlife lands and habitat areas.

(2) All money received from the sale of aquatic habitat stamps, as provided by sections 37-426 to 37-433, shall be administered by the commission and shall be used for the maintenance and restoration of existing aquatic habitat if maintenance and restoration is practicable, for the enhancement of existing aquatic habitat, for public waters angler access enhancements, and for administration of programs related to aquatic habitat and public waters angler access enhancements. Such funds may be used in whole or in part for the matching of federal funds. Up to thirty percent of the money received from the sale of aquatic habitat stamps may be used to provide public waters angler access enhancements and to provide funding for administration of programs related to aquatic habitat and public waters angler access enhancements.

(3) All money received from the sale of Nebraska migratory waterfowl stamps, as provided by sections 37-426 to 37-433, shall be administered by the commission for the acquisition on a willing-seller willing-buyer basis only, leasing, development, management, and enhancement of and taking of easements on migratory waterfowl habitat. Such funds may be used in whole or in part for the matching of federal funds.

Source:Laws 1976, LB 861, § 14; Laws 1983, LB 174, § 8; Laws 1996, LB 584, § 16; R.S.Supp.,1996, § 37-216.08; Laws 1998, LB 922, § 142; Laws 2005, LB 162, § 13;    Laws 2009, LB105, § 12.    


37-433. Violations; penalty; affirmative defense.

Unless otherwise provided in sections 37-426 to 37-433, any person who violates any provision of sections 37-426 to 37-433 or who violates or fails to comply with any rule or regulation thereunder shall be guilty of a Class V misdemeanor and shall be fined at least fifty dollars upon conviction.

It shall be an affirmative defense to prosecution for any violation of sections 37-426 to 37-433 for which possession is an element of the offense that such possession was not the result of effort or determination or that the actor was unaware of his or her physical possession or control for a sufficient period to have been able to terminate such possession or control.

Source:Laws 1976, LB 861, § 15; Laws 1977, LB 41, § 7; Laws 1983, LB 174, § 9; Laws 1996, LB 584, § 17; R.S.Supp.,1996, § 37-216.09; Laws 1998, LB 922, § 143; Laws 2009, LB105, § 13.    


37-434. Entry permits required; purpose.

For the purpose of supplying additional revenue to better accommodate the increasing public use of the Nebraska state park system by providing improved operation and maintenance, the commission shall establish an entry permit program for areas of the Nebraska state park system which are designated as permit areas by the commission.

Source:Laws 1977, LB 81, § 1; R.S.1943, (1993), § 37-1101; Laws 1998, LB 922, § 144; Laws 1999, LB 176, § 32.    


Annotations

37-435. Entry permits; terms, defined.

For purposes of sections 37-434 to 37-446, unless the context otherwise requires:

(1) Motor vehicle means any self-propelled vehicle of a type required to be registered and licensed for operation on the highways of the state;

(2) Permit areas means those areas, or portions of areas, of the Nebraska state park system which are defined in subdivisions (1), (2), and (3) of section 37-338 and which are designated as provided in sections 37-339 and 37-340; and

(3) Permit means motor vehicle entry permit.

Source:Laws 1977, LB 81, § 2; Laws 1980, LB 723, § 1; R.S.1943, (1993), § 37-1102; Laws 1998, LB 922, § 145; Laws 1999, LB 176, § 33.    


Annotations

37-436. Permits required; when.

The commission shall provide for the issuance of permits. All motor vehicles entering permit areas shall have a permit except:

(1) Motor vehicles bearing state licenses;

(2) Motor vehicles in use for law enforcement or emergency purposes;

(3) Motor vehicles engaged in the servicing, enforcement, administration, repair, maintenance, or construction of facilities or property and motor vehicles engaged in the delivery of commodities or materials to the permit areas;

(4) Motor vehicles being operated on a federal, state, or county highway which crosses a permit area, entering at one point and exiting at another;

(5) Motor vehicles which are traveling directly between the permit boundary and the site within the area where permits are vended; and

(6) Motor vehicles being operated by the holders of easements across permit areas or their agents, employees, or contractors.

Source:Laws 1977, LB 81, § 3; Laws 1978, LB 742, § 2; Laws 1980, LB 723, § 2; Laws 1997, LB 271, § 14; R.S.Supp.,1997, § 37-1103; Laws 1998, LB 922, § 146; Laws 1999, LB 176, § 34.    


37-437. Permit privileges.

A permit shall entitle the vehicle for which it is issued access to any permit area and no other right or privilege shall be conveyed. A permit shall not entitle the holder, or any occupant of the vehicle, to any service, facility, or activity for which a separate fee is imposed.

Source:Laws 1977, LB 81, § 4; R.S.1943, (1993), § 37-1104; Laws 1998, LB 922, § 147.


37-438. Annual and temporary permits; fees.

(1) The commission shall devise permits in two forms: Annual and temporary.

(2) The annual permit may be purchased by any person and shall be valid through December 31 in the year for which the permit is issued. The fee for the annual permit for a resident motor vehicle shall be not less than thirty dollars and not more than thirty-five dollars per permit. The fee for the annual permit for a nonresident motor vehicle shall not be less than the fee for a resident motor vehicle and not more than forty-five dollars. The commission shall establish such fees by the adoption and promulgation of rules and regulations.

(3) A temporary permit may be purchased by any person and shall be valid until noon of the day following the date of issue. The fee for the temporary permit for a resident motor vehicle shall be not less than six dollars and not more than seven dollars. The fee for the temporary permit for a nonresident motor vehicle shall not be less than the fee for a resident motor vehicle and not more than eight dollars. The commission shall establish such fees by the adoption and promulgation of rules and regulations. The commission may issue temporary permits which are either valid for any area or valid for a single area.

Source:Laws 1977, LB 81, § 5; Laws 1978, LB 742, § 7; Laws 1980, LB 723, § 3; Laws 1981, LB 74, § 1; Laws 1983, LB 199, § 1; Laws 1993, LB 235, § 32; R.S.1943, (1993), § 37-1105; Laws 1998, LB 922, § 148; Laws 1999, LB 176, § 35;    Laws 2003, LB 122, § 1;    Laws 2005, LB 162, § 14;    Laws 2008, LB1162, § 3;    Laws 2011, LB421, § 1;    Laws 2016, LB745, § 10.    


37-439. Duplicate annual permits; fee.

(1) In addition to the permits authorized in section 37-438, the commission shall design a duplicate annual permit which may be purchased for one-half the fee of an annual permit.

(2) The registered owner of two or more motor vehicles may purchase one duplicate annual permit for each annual permit purchased. The duplicate annual permit shall be used for the purchaser's vehicles. A duplicate annual permit may be purchased at any time during the year upon proof of purchase of an annual permit and in compliance with rules and regulations of the commission. A permitholder who sells his or her vehicle may purchase a duplicate annual permit upon surrendering the original permit or a substantial portion of the permit.

Source:Laws 1983, LB 199, § 4; Laws 1993, LB 235, § 33; R.S.1943, (1993), § 37-1107.01; Laws 1998, LB 922, § 149; Laws 1999, LB 176, § 36.    


37-440. Display and issuance of permits; where procured; clerical fee.

(1) The commission shall prescribe the type and design of permits and the method for displaying permits on the driver's side of the windshield of motor vehicles. The commission may provide for the electronic issuance of permits and may enter into contracts to procure necessary services and supplies for the electronic issuance of permits.

(2) The permits may be procured from the central and district offices of the commission, at areas of the Nebraska state park system where commission offices are maintained, from self-service vending stations at designated park areas, from designated commission employees, through Internet sales from the commission's web site, from appropriate offices of county government, and from various private persons, firms, or corporations designated by the commission as permit agents. The commission and county offices or private persons, firms, or corporations designated by the commission as permit agents shall be entitled to collect and retain a fee of not more than one dollar, as established by the commission pursuant to section 37-327, for each permit as reimbursement for the clerical work of issuing the permits and remitting therefor. The commission shall be entitled to collect and retain a fee of one dollar for each permit sold through its web site as reimbursement for the clerical work and postage associated with issuing the permit.

Source:Laws 1977, LB 81, § 8; Laws 1980, LB 723, § 5; Laws 1993, LB 235, § 34; R.S.1943, (1993), § 37-1108; Laws 1998, LB 922, § 150; Laws 1999, LB 176, § 37;    Laws 2002, LB 1003, § 21;    Laws 2009, LB105, § 14;    Laws 2011, LB421, § 2.    


37-441. Commission designate permit areas.

The commission shall evaluate the areas of the Nebraska state park system and designate those areas, or portions of areas, for which a permit shall be required. The commission shall periodically reevaluate the Nebraska state park system and designate additional permit areas or reclassify permit areas as nonpermit areas as conditions and public use warrant.

Source:Laws 1977, LB 81, § 9; Laws 1983, LB 199, § 2; R.S.1943, (1993), § 37-1109; Laws 1998, LB 922, § 151.


37-442. Permit areas; post signs; free permit, employees.

The commission shall post signs at all entrances to permit areas and the text of such signs shall clearly convey the fact that motor vehicles using the area are required to display a permit. The commission may issue free permits for the private motor vehicles of its employees who are required to reside on a permit area by the terms of their employment.

Source:Laws 1977, LB 81, § 10; R.S.1943, (1993), § 37-1110; Laws 1998, LB 922, § 152.


37-443. Unlawful entry; penalty; owner; prima facie responsible; when.

It is unlawful for a motor vehicle to enter a permit area unless a valid permit is displayed in or on the vehicle in the manner prescribed by the commission. A permit shall be required for entry at any time of the year. A permit shall be nontransferable and valid only for the motor vehicle for which issued. Any person who operates a motor vehicle in violation of this section shall be guilty of a Class V misdemeanor, and the court shall order the confiscation of any permit purchased or used in violation of this section. If the identity of the operator of a motor vehicle in violation of this section cannot be determined, the owner or person in whose name such vehicle is registered shall be held prima facie responsible for such violation and shall be guilty of a Class V misdemeanor.

Source:Laws 1977, LB 81, § 11; Laws 1980, LB 723, § 6; Laws 1983, LB 199, § 3; Laws 1989, LB 167, § 1; R.S.1943, (1993), § 37-1111; Laws 1998, LB 922, § 153; Laws 1999, LB 176, § 38.    


Annotations

37-444. Entry permit program; commission; rules and regulations; enforce.

(1) The commission may adopt and promulgate rules and regulations as are necessary to administer the entry permit program and to carry out the purposes and intents of sections 37-434 to 37-446.

(2) The commission, its agents and officers, and any other peace officer of this state shall be empowered to enforce the provisions of sections 37-434 to 37-446.

Source:Laws 1977, LB 81, § 12; R.S.1943, (1993), § 37-1112; Laws 1998, LB 922, § 154; Laws 1999, LB 176, § 39.    


37-445. Permit fees; remittance to commission; failure to remit; liability; penalty.

The county clerks or permit agents entitled to issue permits as provided by sections 37-434 to 37-446 shall remit the fees for the permits to the commission in the manner and at the times prescribed by the rules and regulations of the commission. Any permit agent who receives permit fees under sections 37-434 to 37-446 and who fails to remit the fees to the commission within a reasonable time after demand by the commission shall be liable to the commission in damages for double the amount of the funds wrongfully withheld. A permit agent who purposefully fails to remit such fees with the intention of converting them is guilty of theft. The penalty for such violation shall be determined by the amount converted as specified in section 28-518.

Source:Laws 1977, LB 81, § 13; R.S.1943, (1993), § 37-1113; Laws 1998, LB 922, § 155; Laws 1999, LB 176, § 40.    


37-446. Permit fees; State Park Cash Revolving Fund; disbursement.

The permit fees charged under sections 37-438 and 37-439 shall be credited to the State Park Cash Revolving Fund and shall be disbursed for the administration, improvement, operation, and maintenance of those areas, or portion of areas, of the state park system which are designated as permit areas.

Source:Laws 1977, LB 81, § 14; R.S.1943, (1993), § 37-1114; Laws 1998, LB 922, § 156; Laws 1999, LB 176, § 41.    


37-447. Permit to hunt deer; commission; powers; issuance; fee; violation; penalty.

(1) The commission may issue permits for the hunting of deer and adopt and promulgate rules and regulations and pass commission orders pursuant to section 37-314 to prescribe limitations for the hunting, transportation, and possession of deer. The commission may offer multiple-year permits or combinations of permits at reduced rates. The commission may specify by rule and regulation the information to be required on applications for such permits. Rules and regulations for the hunting, transportation, and possession of deer may include, but not be limited to, rules and regulations as to the type, caliber, and other specifications of firearms and ammunition used and specifications for bows and arrows used. Such rules and regulations may further specify and limit the method of hunting deer and may provide for dividing the state into management units or areas, and the commission may enact different deer hunting regulations for the different management units pertaining to sex, species, and age of the deer hunted.

(2) The number of such permits may be limited as provided by the rules and regulations of the commission, and except as provided in section 37-454, the permits shall be allocated in an impartial manner. Whenever the commission deems it advisable to limit the number of permits issued for any or all management units, the commission shall, by rules and regulations, determine eligibility to obtain such permits. In establishing eligibility, the commission may give preference to persons who did not receive a permit or a specified type of permit during the previous year or years.

(3) Such permits may be issued to allow deer hunting in the Nebraska National Forest and other game reserves and such other areas as the commission may designate whenever the commission deems that permitting such hunting will not be detrimental to the proper preservation of wildlife in Nebraska in such forest, reserves, or areas.

(4)(a) The commission may, pursuant to section 37-327, establish and charge a nonrefundable application fee of not more than seven dollars for deer permits in those management units awarded on the basis of a random drawing. The commission shall, pursuant to section 37-327, establish and charge a fee of not more than thirty-nine dollars for residents and not more than two hundred eighty-four dollars for nonresidents for each permit issued under this section except as otherwise provided in subdivision (b) of this subsection and subsection (6) of this section.

(b) The fee for a statewide buck-only permit limited to white-tailed deer shall be no more than two and one-half times the amount of a regular deer permit. The fee for a statewide buck-only deer permit that allows harvest of mule deer shall be no more than five times the amount of a regular deer permit.

(5)(a) The commission may issue nonresident permits after preference has been given for the issuance of resident permits as provided in rules and regulations adopted and promulgated by the commission.

(b) In management units specified by the commission, the commission may issue nonresident permits after resident preference has been provided by allocating at least eighty-five percent of the available permits to residents. The commission may require a predetermined application period for permit applications in specified management units. Such permits shall be issued after a reasonable period for making application, as established by the commission, has expired. When more valid applications are received for a designated management unit than there are permits available, such permits shall be allocated on the basis of a random drawing. All valid applications received during the predetermined application period shall be considered equally in any such random drawing without regard to time of receipt of such applications by the commission.

(6) The commission shall, pursuant to section 37-327, establish and charge a fee of not more than twenty-five dollars for residents and not more than forty-five dollars for nonresidents for a youth deer permit.

(7) Any person violating the rules and regulations adopted and promulgated or commission orders passed pursuant to this section shall be guilty of a Class II misdemeanor and shall be fined at least one hundred dollars upon conviction.

Source:Laws 1945, c. 85, § 1, p. 305; Laws 1947, c. 133, § 1, p. 376; Laws 1949, c. 103, § 1(1), p. 282; Laws 1951, c. 109, § 1, p. 517; Laws 1953, c. 124, § 1, p. 389; Laws 1957, c. 141, § 1, p. 477; Laws 1959, c. 156, § 1, p. 584; Laws 1969, c. 292, § 1, p. 1063; Laws 1972, LB 777, § 3; Laws 1974, LB 767, § 1; Laws 1976, LB 861, § 6; Laws 1979, LB 437, § 1; Laws 1981, LB 72, § 11; Laws 1984, LB 1001, § 1; Laws 1985, LB 557, § 2; Laws 1993, LB 235, § 13; Laws 1994, LB 1088, § 4; Laws 1995, LB 583, § 2; Laws 1995, LB 862, § 1; Laws 1996, LB 584, § 6; Laws 1997, LB 107, § 2; R.S.Supp.,1997, § 37-215; Laws 1998, LB 922, § 157; Laws 1999, LB 176, § 42;    Laws 2003, LB 306, § 4;    Laws 2005, LB 162, § 15;    Laws 2007, LB299, § 7;    Laws 2009, LB105, § 15;    Laws 2013, LB94, § 1;    Laws 2013, LB499, § 5;    Laws 2016, LB745, § 11.    


37-448. Special deer depredation season; extension of existing deer hunting season; permit; issuance; fee; free permits; when issued.

(1) Subject to rules and regulations adopted and promulgated by the commission, the secretary of the commission may designate, by order, special deer depredation seasons or extensions of existing deer hunting seasons. The secretary may designate a depredation season or an extension of an existing deer hunting season whenever he or she determines that deer are causing excessive property damage. The secretary shall specify the number of permits to be issued, the species of deer allowed to be taken, the bag limit for such species including deer for donation in accordance with the deer donation program established pursuant to sections 37-1501 to 37-1510, the beginning and ending dates for the depredation season or hunting season extension, shooting hours, the length of the depredation season or hunting season extension, and the geographic area in which hunting will be permitted. Hunting during a special depredation season or hunting season extension shall be limited to residents, and the rules and regulations shall allow use of any weapon permissible for use during the regular deer season.

(2) The depredation season may commence not less than five days after the first public announcement that the depredation season has been established. Permits shall be issued in an impartial manner at a location determined by the secretary. The commission shall, pursuant to section 37-327, establish and charge a fee of not more than twenty-five dollars for a special depredation season permit. The commission shall use the income from the sale of special depredation season permits for abatement of damage caused by deer. The commission shall also provide for an unlimited number of free permits for the taking of antlerless deer upon request to any person owning or operating at least twenty acres of farm or ranch land within the geographic area in which hunting will be permitted and to any member of the immediate family of any such person as defined in subdivision (2)(a) of section 37-455. A free permit shall be valid only within such area and only during the designated deer depredation season. Receipt of a depredation season permit shall not in any way affect a person's eligibility for a regular season permit.

Source:Laws 1998, LB 922, § 158; Laws 2008, LB1162, § 4;    Laws 2010, LB836, § 2;    Laws 2012, LB928, § 3;    Laws 2013, LB499, § 6.    


37-449. Permit to hunt antelope; regulation and limitation by commission; issuance; fees; violation; penalty.

(1) The commission may issue permits for hunting antelope and may adopt and promulgate separate and, when necessary, different rules and regulations therefor within the limitations prescribed in sections 37-447 and 37-452 for hunting deer. The commission may offer multiple-year permits or combinations of permits at reduced rates.

(2) The commission may, pursuant to section 37-327, establish and charge a nonrefundable application fee of not more than seven dollars. The commission shall, pursuant to section 37-327, establish and charge a fee of not more than thirty-nine dollars for residents and not more than one hundred ninety-eight dollars for nonresidents for each permit issued under this section except as provided in subsection (4) of this section.

(3) The provisions for the distribution of deer permits and the authority of the commission to determine eligibility of applicants for permits as described in sections 37-447 and 37-452 shall also apply to the distribution of antelope permits.

(4) The commission shall, pursuant to section 37-327, establish and charge a fee of not more than twenty-five dollars for residents and not more than forty-five dollars for nonresidents for a youth antelope permit.

(5) Any person violating the rules and regulations adopted and promulgated pursuant to this section shall be guilty of a Class II misdemeanor and shall be fined at least one hundred dollars upon conviction.

Source:Laws 1998, LB 922, § 159; Laws 2003, LB 305, § 14;    Laws 2003, LB 306, § 5;    Laws 2007, LB299, § 8;    Laws 2009, LB105, § 16;    Laws 2016, LB745, § 12.    


37-450. Permit to hunt elk; regulation and limitation by commission; issuance; fee; violation; penalty.

(1) The commission may issue permits for hunting elk and may adopt and promulgate separate and, when necessary, different rules and regulations therefor within the limitations prescribed in sections 37-447 and 37-452 for hunting deer.

(2) The commission shall, pursuant to section 37-327, establish and charge (a) a nonrefundable application fee of not more than twelve dollars for a resident elk permit and not to exceed three times such amount for a nonresident elk permit and (b) a fee of not more than one hundred ninety-eight dollars for each resident elk permit issued and three times such amount for each nonresident elk permit issued.

(3) An applicant shall not be issued a resident elk permit that allows the harvest of an antlered elk more than once every five years. A person may only harvest one antlered elk in his or her lifetime except when harvesting an antlered elk with a limited permit to hunt elk pursuant to subdivision (1)(b) of section 37-455 or an auction or lottery permit pursuant to section 37-455.01.

(4) The provisions for the distribution of deer permits and the authority of the commission to determine eligibility of applicants for permits as described in sections 37-447 and 37-452 shall also apply to the distribution of elk permits.

(5) Any person violating the rules and regulations adopted and promulgated pursuant to this section shall be guilty of a Class III misdemeanor and shall be fined at least two hundred dollars upon conviction.

Source:Laws 1998, LB 922, § 160; Laws 2003, LB 306, § 6;    Laws 2005, LB 162, § 16;    Laws 2007, LB299, § 9;    Laws 2009, LB105, § 17;    Laws 2011, LB41, § 12;    Laws 2013, LB94, § 2;    Laws 2016, LB745, § 13.    


37-451. Permit to hunt mountain sheep; regulation and limitation by commission; issuance; fee; violation; penalty.

(1) The commission may issue permits for hunting mountain sheep and may adopt and promulgate separate and, when necessary, different rules and regulations therefor within the limitations prescribed in subsection (1) of section 37-447 and section 37-452 for hunting deer. Such rules and regulations shall include provisions allowing persons who find dead mountain sheep, or any part of a mountain sheep, to turn over to the commission such mountain sheep or part of a mountain sheep. The commission may dispose of such mountain sheep or part of a mountain sheep as it deems reasonable and prudent. Except as otherwise provided in this section, the permits shall be issued to residents of Nebraska.

(2) The commission shall, pursuant to section 37-327, establish and charge a nonrefundable application fee of not more than thirty-four dollars for permits issued only to residents. Any number of resident-only permits, as authorized by the commission, shall be awarded by random drawing to eligible applicants. No permit fee shall be charged in addition to the nonrefundable application fee.

(3) No more than one additional permit may be authorized and issued pursuant to an auction open to residents and nonresidents. The auction shall be conducted according to rules and regulations prescribed by the commission. Any money derived from the sale of permits by auction shall be used only for perpetuation and management of mountain sheep, elk, and deer.

(4) If the commission determines to limit the number of permits issued for any or all management units, the commission shall by rule and regulation determine eligibility requirements for the permits.

(5) A person may obtain only one mountain sheep permit in his or her lifetime.

(6) Any person violating the rules and regulations adopted and promulgated pursuant to this section shall be guilty of a Class III misdemeanor and shall be fined at least five hundred dollars upon conviction.

Source:Laws 1998, LB 922, § 161; Laws 2008, LB1162, § 5;    Laws 2009, LB105, § 18;    Laws 2016, LB745, § 14.    


37-452. Hunting of antelope, elk, mountain sheep, mountain lion, or deer; age requirements.

(1) No person shall hunt antelope, elk, mountain sheep, or mountain lions unless such person is at least twelve years of age, and any person who is twelve through fifteen years of age shall only hunt antelope, elk, mountain sheep, or mountain lions when supervised by a person nineteen years of age or older having a valid hunting permit.

(2) No person shall hunt deer unless such person is at least ten years of age, and any person who is ten through fifteen years of age shall only hunt deer when supervised by a person nineteen years of age or older having a valid hunting permit.

(3) A person nineteen years of age or older having a valid hunting permit shall not supervise more than two persons while hunting deer, antelope, elk, mountain sheep, or mountain lions at the same time.

Source:Laws 1998, LB 922, § 162; Laws 1999, LB 176, § 43;    Laws 2005, LB 162, § 17;    Laws 2007, LB299, § 10;    Laws 2008, LB690, § 3;    Laws 2012, LB928, § 4.    


37-453. Permit to hunt deer, antelope, or elk; individual or joint application; ineligibility of individual, when.

Applications for the special permits provided for in section 37-447 or 37-449 shall be made individually or on a unit basis. If such application is made on a unit basis, not more than two applicants may apply for such permit in one application. If such application is granted, such special permits shall be issued to the persons so applying. If any one of the persons so applying shall be ineligible to receive such special permit, the entire group so applying shall be disqualified. No person applying for such special permit on a unit basis shall also apply individually.

Source:Laws 1953, c. 126, § 1, p. 392; Laws 1959, c. 156, § 2, p. 585; Laws 1985, LB 557, § 4; R.S.1943, (1993), § 37-215.02; Laws 1998, LB 922, § 163; Laws 2002, LB 1003, § 22;    Laws 2003, LB 305, § 15.    


37-454. Permit to hunt deer, antelope, or elk; issued to disabled person; limitation.

A permit issued to a disabled person to hunt deer, antelope, or elk shall not have a limitation regarding the sex of such animal unless, for management purposes, the commission determines that all permits issued in the management unit in which the application for a permit is made shall have a limitation regarding the sex of the animal.

Source:Laws 1994, LB 1088, § 3; R.S.Supp.,1996, § 37-215.04; Laws 1998, LB 922, § 164.


37-455. Limited deer, antelope, wild turkey, or elk permit; conditions; fee.

(1) The commission may issue a limited permit for deer, antelope, wild turkey, or elk to a person who is a qualifying landowner or leaseholder and his or her immediate family as described in this section. The commission may issue nonresident landowner limited permits after preference has been given for the issuance of resident permits as provided in rules and regulations adopted and promulgated by the commission. A permit shall be valid during the predetermined period established by the commission pursuant to sections 37-447 to 37-450, 37-452, 37-456, or 37-457. Upon receipt of an application in proper form as prescribed by the rules and regulations of the commission, the commission may issue (a) a limited deer, antelope, or wild turkey permit valid for hunting on all of the land which is owned or leased by the qualifying landowner or leaseholder if such lands are identified in the application or (b) a limited elk permit valid for hunting on the entire elk management unit of which the land of the qualifying landowner or leaseholder included in the application is a part.

(2)(a) The commission shall adopt and promulgate rules and regulations prescribing procedures and forms and create requirements for documentation by an applicant or permittee to determine whether the applicaCaretnt or permittee is a Nebraska resident and is a qualifying landowner or leaseholder of the described property or is a member of the immediate family of such qualifying landowner or leaseholder. The commission may adopt and promulgate rules and regulations that create requirements for documentation to designate one qualifying landowner among partners of a partnership or officers or shareholders of a corporation that owns or leases eighty acres or more of farm or ranch land for agricultural purposes and among beneficiaries of a trust that owns or leases eighty acres or more of farm or ranch land for agricultural purposes. Only a person who is a qualifying landowner or leaseholder and such person's immediate family may apply for a limited permit. An applicant may apply for no more than one permit per species per year except as otherwise provided in the rules and regulations of the commission. For purposes of this section, immediate family means and is limited to a husband and wife and their children or siblings sharing ownership in the property.

(b) The conditions applicable to permits issued pursuant to sections 37-447 to 37-450, 37-452, 37-456, or 37-457, whichever is appropriate, shall apply to limited permits issued pursuant to this section, except that the commission may pass commission orders for species harvest allocation pertaining to the sex and age of the species harvested which are different for a limited permit than for other hunting permits. For purposes of this section, white-tailed deer and mule deer shall be treated as one species.

(3)(a) To qualify for a limited permit to hunt deer or antelope, the applicant shall be a Nebraska resident who (i) owns or leases eighty acres or more of farm or ranch land for agricultural purposes or a member of such person's immediate family or (ii) is the partner, officer, shareholder, or beneficiary designated as the qualifying landowner by a partnership, corporation, or trust as provided in the rules and regulations under subdivision (2)(a) of this section or a member of the immediate family of the partner, officer, shareholder, or beneficiary. The number of limited permits issued annually per species for each farm or ranch shall not exceed the total acreage of the farm or ranch divided by eighty. The fee for a limited permit to hunt deer or antelope shall be one-half the fee for the regular permit for such species.

(b) A nonresident of Nebraska who owns three hundred twenty acres or more of farm or ranch land in the State of Nebraska for agricultural purposes or a member of such person's immediate family may apply for a limited deer or antelope permit. The number of limited permits issued annually per species for each farm or ranch shall not exceed the total acreage of the farm or ranch divided by three hundred twenty. The fee for such a permit to hunt deer or antelope shall be one-half the fee for a nonresident permit to hunt such species.

(c) The commission may adopt and promulgate rules and regulations providing for the issuance of an additional limited deer permit to a qualified individual for the taking of a deer without antlers at a fee equal to or less than the fee for the original limited permit.

(4)(a) To qualify for a limited permit to hunt wild turkey, the applicant shall be a Nebraska resident who (i) owns or leases eighty acres or more of farm or ranch land for agricultural purposes or a member of such person's immediate family or (ii) is the partner, officer, shareholder, or beneficiary designated as the qualifying landowner by a partnership, corporation, or trust as provided in the rules and regulations under subdivision (2)(a) of this section or a member of the immediate family of the partner, officer, shareholder, or beneficiary. The number of limited permits issued annually per season for each farm or ranch shall not exceed the total acreage of the farm or ranch divided by eighty. An applicant may apply for no more than one limited permit per season. The fee for a limited permit to hunt wild turkey shall be one-half the fee for the regular permit to hunt wild turkey.

(b) A nonresident of Nebraska who owns three hundred twenty acres or more of farm or ranch land in the State of Nebraska for agricultural purposes or a member of such person's immediate family may apply for a limited permit to hunt wild turkey. Only one limited wild turkey permit per three hundred twenty acres may be issued annually for each wild turkey season under this subdivision. The fee for such a permit to hunt shall be one-half the fee for a nonresident permit to hunt wild turkey.

(5) To qualify for a limited permit to hunt elk, (a) the applicant shall be (i) a Nebraska resident who owns three hundred twenty acres or more of farm or ranch land for agricultural purposes, (ii) a Nebraska resident who leases six hundred forty acres or more of farm or ranch land for agricultural purposes or has a leasehold interest and an ownership interest in farm or ranch land used for agricultural purposes which when added together totals at least six hundred forty acres, (iii) a nonresident of Nebraska who owns at least one thousand two hundred eighty acres of farm or ranch land for agricultural purposes, or (iv) a member of such owner's or lessee's immediate family and (b) the qualifying farm or ranch land of the applicant shall be within an area designated as an elk management zone by the commission in its rules and regulations. An applicant shall not be issued a limited bull elk permit more than once every three years, and the commission may give preference to a person who did not receive a limited elk permit or a specified type of limited elk permit during the previous years. The fee for a resident landowner limited permit to hunt elk shall not exceed one-half the fee for the regular permit to hunt elk. The fee for a nonresident landowner limited permit to hunt elk shall not exceed three times the cost of a resident elk permit. The number of applications allowed for limited elk permits for each farm or ranch shall not exceed the total acreage of the farm or ranch divided by the minimum acreage requirements established for the property. No more than one person may qualify for the same described property.

Source:Laws 1969, c. 761, § 1, p. 2878; Laws 1974, LB 767, § 2; Laws 1975, LB 270, § 1; Laws 1983, LB 170, § 2; Laws 1985, LB 557, § 5; Laws 1993, LB 235, § 14; Laws 1996, LB 584, § 7; Laws 1997, LB 107, § 3; Laws 1997, LB 173, § 3; R.S.Supp.,1997, § 37-215.03; Laws 1998, LB 922, § 165; Laws 2001, LB 111, § 9;    Laws 2002, LB 1003, § 23;    Laws 2003, LB 305, § 16;    Laws 2004, LB 1149, § 1;    Laws 2009, LB105, § 19;    Laws 2013, LB94, § 3;    Laws 2013, LB499, § 7.    


37-455.01. Permit to hunt antelope, elk, deer, and wild turkey; auction or lottery permits; issuance; fee.

The commission may issue auction or lottery permits for up to five permits each for antelope and elk and up to twenty-five permits each for deer and wild turkey during the calendar year. Included in that number are single species and combination species permits and shared revenue permits that may be issued by the commission. The shared revenue permits may be issued under agreements with nonprofit conservation organizations and may be issued by auction or lottery, with the commission receiving at least eighty percent of any profit realized. The commission shall by rule and regulation adopt limitations for any such permits that are issued. The auction or lottery shall be conducted according to rules and regulations adopted and promulgated by the commission. The commission shall adopt and promulgate rules and regulations to set a nonrefundable lottery application fee for each type of single species or combination species permit offered directly through the commission.

Source:Laws 2005, LB 162, § 18;    Laws 2009, LB105, § 20.    


37-456. Limited antelope or elk permit; issuance; limitation.

The issuance of limited antelope permits pursuant to section 37-455 in any management unit shall not exceed fifty percent of the regular permits authorized for such antelope management unit. The issuance of limited elk permits pursuant to section 37-455 in any management unit shall not exceed fifty percent of the regular permits authorized for such elk management unit.

Source:Laws 1974, LB 865, § 2; Laws 1975, LB 270, § 2; Laws 1985, LB 557, § 7; Laws 1996, LB 584, § 8; R.S.Supp.,1996, § 37-215.08; Laws 1998, LB 922, § 166; Laws 2009, LB105, § 21.    


37-457. Hunting wild turkey; permit required; fee; issuance.

(1) The commission may issue permits for hunting wild turkey and prescribe and establish regulations and limitations for the hunting, transportation, and possession of wild turkey. The commission may offer multiple-year permits or combinations of permits at reduced rates. The number of such permits may be limited as provided by the regulations of the commission, but the permits shall be disposed of in an impartial manner. Such permits may be issued to allow wild turkey hunting in the Nebraska National Forest and other game reserves and such other areas as the commission may designate whenever the commission deems that permitting such hunting would not be detrimental to the proper preservation of wildlife in such forest, reserves, or areas.

(2) The commission shall, pursuant to section 37-327, establish and charge a fee of not more than thirty-one dollars for residents and not more than one hundred twenty-six dollars for nonresidents for each permit issued under this section except as provided in subsection (5) of this section.

(3) The commission may issue nonresident permits after preference has been given for the issuance of resident permits as provided in rules and regulations adopted and promulgated by the commission. The commission may require a predetermined application period for permit applications in specified management units.

(4) The provisions of section 37-447 for the distribution of deer permits also may apply to the distribution of wild turkey permits. No permit to hunt wild turkey shall be issued without payment of the fee required by this section.

(5) The commission shall, pursuant to section 37-327, establish and charge a fee of not more than twenty-five dollars for residents and not more than forty-five dollars for nonresidents for a youth wild turkey permit.

Source:Laws 1961, c. 172, § 1, p. 513; Laws 1969, c. 292, § 2, p. 1064; Laws 1976, LB 861, § 16; Laws 1993, LB 235, § 17; R.S.1943, (1993), § 37-227; Laws 1998, LB 922, § 167; Laws 1999, LB 176, § 44;    Laws 2003, LB 306, § 7;    Laws 2005, LB 162, § 19;    Laws 2007, LB299, § 11;    Laws 2009, LB105, § 22;    Laws 2016, LB745, § 15.    


37-458. Shooting coyotes from aircraft; permit; conditions; fee; duties.

(1) The commission shall, to aid in the protection of livestock and other domesticated animals, issue a special permit authorizing the holder to use aircraft for the purpose of shooting or attempting to shoot coyotes. Such permit shall be issued only after it is shown that (a) the coyote population is so large in an area as to present a substantial threat to livestock and other domesticated animals and (b) property owners will not be detrimentally affected by such issuance.

(2) The annual fee for the permit shall be not more than eight dollars and fifty cents, as established by the commission pursuant to section 37-327, and the permit shall expire on December 31 following the date of issuance. The form of such permit and of the application for the permit shall be prescribed by the commission.

(3) The commission shall adopt and promulgate necessary rules and regulations to carry out this section and may designate areas in which the coyote population may present a threat or cause substantial damage to livestock and restrict the issuance of permits only to such areas. The commission, officers and agents of the commission, and any other peace officer of this state shall have the authority to enforce this section and section 37-509.

Source:Laws 1972, LB 1204, § 3; Laws 1978, LB 216, § 2; Laws 1993, LB 235, § 18; R.S.1943, (1993), § 37-233; Laws 1998, LB 922, § 168; Laws 1999, LB 176, § 45;    Laws 2003, LB 306, § 8;    Laws 2008, LB1162, § 6.    


37-459. Shooting coyotes from aircraft; permitholder; report.

The holder of a permit issued under section 37-458 shall report to the commission, not later than fifteen days after the end of each calendar quarter, the number of coyotes taken during such quarter.

Source:Laws 1972, LB 1204, § 4; R.S.1943, (1993), § 37-234; Laws 1998, LB 922, § 169.


37-460. Repealed. Laws 2011, LB 41, § 31.

37-461. Muskrats or beavers; permit to destroy; violation; penalty.

If any dam, canal, drainage ditch, irrigation ditch, private fish pond, aquaculture facility, artificial waterway, railroad embankment, or other property is being damaged or destroyed by muskrats or beavers, the commission may issue a permit to the person who owns or controls the property allowing the person or his or her designee to take or destroy such muskrats or beavers. The muskrats, beavers, or parts thereof taken under the authority of such permit shall not be sold or used unless the permitholder also possesses a fur-harvesting permit that is current or valid at the time of the sale or use. The commission may adopt and promulgate rules and regulations in connection with the issuance of such permits. Any person violating this section shall be guilty of a Class III misdemeanor and shall be fined at least fifty dollars.

Source:Laws 1998, LB 922, § 171; Laws 2011, LB41, § 13.    


37-462. Taxidermists; permit; fees; renewal; authorizations; records; violations; penalty.

(1) It shall be unlawful for any person to perform taxidermy services on any game for any person other than himself or herself without first obtaining a taxidermist permit from the commission. The permit shall be conspicuously posted at the location where taxidermy services are performed. The application for the permit shall include the applicant's social security number. The annual fee for such permit shall be not more than eight dollars and fifty cents, as established by the commission pursuant to section 37-327. Such permit shall expire on December 31 of the year for which issued.

(2) Original application for a taxidermist permit shall be made to the commission upon such form and containing such information as may be prescribed by the commission. The application shall include the address of the premises where taxidermist services will be provided and a statement of the applicant's qualifications and experience as a taxidermist. Requests for renewals of existing permits shall be made by letter to the commission not later than thirty days preceding the expiration date of the permit.

(3) A permit shall authorize a taxidermist to (a) receive, transport, hold in custody or possession, mount, or otherwise prepare game and return such game to the legal owner or his or her agent from whom received and (b) sell game which he or she has lawfully acquired and mounted. Such mounted specimens may be placed on consignment by the taxidermist for sale and may be held by such consignee for the purpose of sale.

(4) Permitholders shall keep accurate records of operations, on a calendar-year basis, showing the names and addresses of persons from and to whom specimens of game or the nests or eggs of such game were received or delivered, the number and species, and the dates of receipt and delivery. In addition to other records required by this subsection, the permitholder shall maintain proper invoices or other documents confirming his or her lawful acquisition of game being held by him or her, including game which is on consignment for sale. Permitholders shall retain such records not less than one year following the end of the calendar year covered by the records. Such records shall be available for inspection by duly authorized employees or agents of the commission during normal business hours.

(5) Any violation of this section shall constitute a Class III misdemeanor.

Source:Laws 1973, LB 356, § 1; Laws 1977, LB 40, § 175; Laws 1993, LB 235, § 9; Laws 1997, LB 752, § 88; R.S.Supp.,1997, § 37-211.01; Laws 1998, LB 922, § 172; Laws 1999, LB 176, § 46;    Laws 2003, LB 306, § 9;    Laws 2008, LB1162, § 7.    


37-463. Dealing in raw furs; fur buyer's permit required; annual fee; record; unlawful acts; penalty.

(1) It shall be unlawful for any person, firm, or corporation dealing in raw furs to conduct such business without first obtaining from the commission a fur buyer's permit. If the applicant is an individual, the application shall include the applicant's social security number. The annual fee for this permit shall be not more than one hundred thirty-eight dollars for residents, as established by the commission pursuant to section 37-327. Any resident who has resided in this state continuously for a period of six months before making an application for a permit under this section shall be deemed to be a resident and may be issued a resident permit under this section. The fees for nonresidents of this state shall be equal to the fees charged for similar permits by the states of their respective residences but not less than five hundred dollars per annum for such nonresidents. Before a fur buyer's permit is issued to a nonresident of this state, the applicant shall execute and deliver to the secretary of the commission a corporate surety bond, running to the State of Nebraska, in the penal sum of one thousand dollars to be approved by the commission, conditioned that the permitholder shall faithfully comply with all the laws of this state. Dealers sending buyers into the field away from their place of business shall provide each such buyer with a separate fur buyer's permit. Every nonresident buyer entering the state or who has buyers in this state shall carry a nonresident fur buyer's permit.

(2) Every resident and nonresident fur buyer shall keep a complete record of all furs bought or sold in a record book to be provided by the commission or any other form of record keeping approved by the commission. Such record shall include, but not be limited to, the number and kind of furs bought or sold, the name and address of the seller or buyer, the date and place of purchase or sale, and the permit number of the seller or fur buyer.

(3) It shall be unlawful for any fur buyer to have raw furs in his, her, or its possession unless the record gives positive evidence of the origin of such furs and unless such record balances at all times. Such record shall be open to inspection by conservation officers at any and all times and shall be made available to such officers upon demand.

(4) Any violation of any of the provisions of this section shall constitute a Class IV misdemeanor, and as a part of the penalty the court shall require the offender to purchase the required permit.

Source:Laws 1929, c. 112, II, § 11, p. 412; C.S.1929, § 37-211; Laws 1937, c. 89, § 3, p. 291; Laws 1941, c. 72, § 2, p. 301; C.S.Supp.,1941, § 37-211; R.S.1943, § 37-211; Laws 1945, c. 78, § 3, p. 289; Laws 1955, c. 131, § 1, p. 378; Laws 1959, c. 150, § 3, p. 570; Laws 1967, c. 216, § 4, p. 580; Laws 1974, LB 811, § 5; Laws 1976, LB 861, § 5; Laws 1977, LB 40, § 174; Laws 1981, LB 72, § 8; Laws 1989, LB 56, § 1; Laws 1993, LB 235, § 8; Laws 1997, LB 752, § 87; R.S.Supp.,1997, § 37-211; Laws 1998, LB 922, § 173; Laws 1999, LB 176, § 47;    Laws 2003, LB 306, § 10;    Laws 2008, LB1162, § 8.    


37-464. Possession of fur, pelt, or carcass; prohibited acts.

Except as otherwise provided in the Game Law, it shall be unlawful for any person, other than a person holding a fur-harvesting permit, a captive wildlife permit, a fur buyer's permit, or a permit issued pursuant to section 37-461, with regard to beaver or muskrat taken pursuant to such permit, and officers and employees of the commission, to possess the raw fur, pelt, or carcass of any fur-bearing animal protected by the Game Law.

Source:Laws 1929, c. 112, III, § 7, p. 418; C.S.1929, § 37-307; R.S.1943, § 37-306; Laws 1972, LB 1032, § 227; Laws 1977, LB 40, § 181; Laws 1989, LB 34, § 16; R.S.1943, (1993), § 37-306; Laws 1998, LB 922, § 174; Laws 1999, LB 176, § 48;    Laws 2011, LB41, § 14.    


37-465. Aquaculture facilities; application for permits; fee.

An application for an aquaculture permit to operate an aquaculture facility shall be made to the commission on a form prescribed by the commission. The application shall include (1) the name, social security number if the applicant is an individual, residence, and place of business of the applicant, (2) the exact description of the land upon which the facility is to be located and the nature of the applicant's title to the land, whether in fee or under lease, and (3) the kind and approximate number of aquatic organisms authorized to be kept or reared in the facility. The annual fee for an aquaculture permit shall be not more than seventy-five dollars, as established by the commission pursuant to section 37-327. The permit shall expire at midnight on December 31 in the year for which the permit is issued.

Source:Laws 1929, c. 112, VII, § 3, p. 438; C.S.1929, § 37-703; R.S.1943, § 37-703; Laws 1949, c. 100, § 3, p. 276; Laws 1957, c. 139, § 18, p. 473; Laws 1967, c. 216, § 17, p. 590; Laws 1993, LB 235, § 25; Laws 1994, LB 1165, § 15; Laws 1995, LB 718, § 2; Laws 1997, LB 752, § 91; R.S.Supp.,1997, § 37-703; Laws 1998, LB 922, § 175; Laws 1999, LB 176, § 49;    Laws 1999, LB 404, § 24;    Laws 2003, LB 306, § 11;    Laws 2008, LB1162, § 9.    


37-466. Aquaculture permit; rights.

A holder of an aquaculture permit may import aquatic organisms, lawfully held in possession in any other state or country, into this state except as provided in sections 37-547 to 37-550.

Source:Laws 1929, c. 112, VII, § 5, p. 439; C.S.1929, § 37-705; R.S.1943, § 37-705; Laws 1957, c. 139, § 19, p. 473; Laws 1967, c. 216, § 18, p. 591; Laws 1989, LB 34, § 45; Laws 1994, LB 1165, § 16; Laws 1995, LB 718, § 3; R.S.Supp.,1996, § 37-705; Laws 1998, LB 922, § 176; Laws 1999, LB 176, § 50.    


37-467. Transferred to section 37-482.01.

37-468. Aquaculturist; activities authorized.

Any resident or nonresident who qualifies as an aquaculturist, after securing an aquaculture permit as provided in section 37-465, may establish and maintain, upon private lands, ponds or tanks for the culture and propagation of aquatic organisms, subject to the restrictions imposed by the Game Law.

Source:Laws 1929, c. 112, VII, § 2, p. 438; C.S.1929, § 37-702; R.S.1943, § 37-702; Laws 1947, c. 139, § 1, p. 385; Laws 1967, c. 216, § 16, p. 590; Laws 1989, LB 34, § 44; Laws 1993, LB 830, § 8; Laws 1994, LB 1165, § 14; R.S.Supp.,1996, § 37-702; Laws 1998, LB 922, § 178; Laws 1999, LB 176, § 51.    


37-469. Permitholder; report required; contents.

A holder of an aquaculture permit shall report to the commission by January 15 for the preceding calendar year on forms provided by the commission. The commission shall adopt and promulgate rules and regulations specifying the requirements for the reports, including, but not limited to, the total number and species of organisms sold or transported during the preceding calendar year.

Source:Laws 1929, c. 112, VII, § 7, p. 440; C.S.1929, § 37-707; R.S.1943, § 37-707; Laws 1961, c. 174, § 4, p. 518; Laws 1994, LB 1165, § 18; R.S.Supp.,1996, § 37-707; Laws 1998, LB 922, § 179; Laws 1999, LB 176, § 52.    


37-470. Aquaculturist; report required; quarantine; when; notice; revocation of permit.

(1) An aquaculturist who knows that aquatic organisms owned or controlled by him or her are affected with prohibited pathogens shall at once report such fact to the commission, stating all facts known to him or her with reference to the prohibited pathogens.

(2) If an aquaculture facility has aquatic organisms affected with prohibited pathogens, the commission may quarantine the aquaculture facility and may order the destruction of the affected aquatic organisms upon a determination that a situation of imminent danger to existing aquatic organisms or human health and safety exists and that no more reasonable means exist to control the situation. A notice shall be posted at the quarantined aquaculture facility and a written notice shall be sent to the owner or operator of the aquaculture facility.

(3) The commission may revoke the aquaculture facility permit of an aquaculture facility if the owner or operator does not comply with this section or a quarantine issued pursuant to this section.

Source:Laws 1994, LB 1165, § 20; R.S.Supp.,1996, § 37-711.01; Laws 1998, LB 922, § 180.


37-471. Aquatic organisms; sale authorized; violation; penalty.

(1) Aquatic organisms propagated or raised under an aquaculture permit may be sold or offered for sale and transported at any time, subject to rules and regulations adopted and promulgated by the commission. The rules and regulations shall include, but not be limited to, tagging and reporting requirements.

(2) Any person violating this section shall be guilty of a Class IV misdemeanor.

Source:Laws 1998, LB 922, § 181; Laws 1999, LB 176, § 53.    


37-472. Permit to kill mountain lions; eligibility.

(1) The commission may issue a permit for the killing of one or more mountain lions which are preying on livestock or poultry. The permit shall be valid for up to thirty days and shall require the commission to be notified immediately by the permitholder after the killing of a mountain lion and shall require the carcass to be transferred to the commission.

(2) To be eligible for a permit under this section, a farmer or rancher owning or operating a farm or ranch shall contact the commission to confirm that livestock or poultry on his or her property or property under his or her control has been subject to depredation by a mountain lion. The commission shall confirm that the damage was caused by a mountain lion prior to issuing the permit. The farmer or rancher shall be allowed up to thirty days, as designated by the commission, to kill the mountain lion on such property and shall notify the commission immediately after the killing of a mountain lion and arrange with the commission to transfer the mountain lion to the commission.

(3) The commission may adopt and promulgate rules and regulations to carry out this section.

Source:Laws 2010, LB836, § 5.    


37-473. Permit for hunting mountain lions; application fee; auction; use of proceeds.

(1) The commission may issue permits for hunting mountain lions and may adopt and promulgate rules and regulations therefor within the limitations prescribed in subsection (1) of section 37-447 and section 37-452 for hunting deer. Any authorized permits shall be issued to residents of Nebraska, except that permits issued by auction may be issued to nonresidents.

(2) The commission shall, pursuant to section 37-327, establish and charge a nonrefundable application fee of not more than twenty-five dollars for permits issued only to residents. Any number of resident-only permits, as authorized by the commission, shall be awarded by random drawing to eligible applicants. No permit fee shall be charged in addition to the nonrefundable application fee.

(3) No more than one additional permit may be authorized and issued pursuant to an auction open to residents and nonresidents. The auction shall be conducted according to rules and regulations prescribed by the commission. Any money derived from the sale of permits by auction shall be used only for perpetuation and management of mountain lions.

Source:Laws 2012, LB928, § 2.    


37-474. Repealed. Laws 1999, LB 176, § 131.

37-475. Officers; entry and inspection authorized.

Any officer authorized to enforce the Game Law may, at any time, enter an aquaculture facility for the purpose of inspecting the facility or for the purpose of enforcing the Game Law.

Source:Laws 1929, c. 112, VII, § 11, p. 441; C.S.1929, § 37-711; R.S.1943, § 37-711; Laws 1989, LB 34, § 47; Laws 1994, LB 1165, § 19; R.S.Supp.,1996, § 37-711; Laws 1998, LB 922, § 185; Laws 1999, LB 176, § 54.    


37-476. Aquaculture facilities; violations; general penalties.

Except as otherwise specifically provided, any person violating any of the provisions of sections 37-465 to 37-475 shall be guilty of a Class V misdemeanor.

Source:Laws 1929, c. 112, VII, § 12, p. 441; C.S.1929, § 37-712; R.S.1943, § 37-712; Laws 1977, LB 40, § 203; R.S.1943, (1993), § 37-712; Laws 1998, LB 922, § 186; Laws 1999, LB 176, § 55.    


37-477. Certain animals kept in captivity; permit required; exceptions; rules and regulations.

(1) No person shall keep in captivity in this state any wild birds, any wild mammals, any nongame wildlife in need of conservation as determined by the commission under section 37-805, or any wildlife determined to be an endangered or threatened species under the Endangered Species Act or section 37-806 without first having obtained a permit to do so as provided by section 37-478 or 37-479.

(2) Except as provided in subsection (3) of this section, no person shall keep in captivity in this state any wolf, any skunk, or any member of the families Felidae and Ursidae. This subsection shall not apply to (a) the species Felis domesticus, (b) any zoo, park, refuge, wildlife area, or nature center owned or operated by a city, village, state, or federal agency or any zoo accredited by the Association of Zoos and Aquariums or the Zoological Association of America, or (c) any person who holds a captive wildlife permit issued pursuant to section 37-479 and who raises Canada Lynx (Lynx canadensis) or bobcats (Lynx rufus) solely for the purpose of producing furs for sale to individuals or businesses or for the purpose of producing breeding stock for sale to persons engaged in fur production.

(3) Any person legally holding in captivity, on March 1, 1986, any animal subject to the prohibition contained in subsection (2) of this section shall be allowed to keep the animal for the duration of its life. Such animal shall not be traded, sold, or otherwise disposed of without written permission from the commission.

(4) The commission shall adopt and promulgate rules and regulations governing the purchase, possession, propagation, sale, and barter of wild birds, wild mammals, and wildlife in captivity.

Source:Laws 1957, c. 151, § 1, p. 490; Laws 1971, LB 733, § 9; Laws 1986, LB 558, § 1; Laws 1987, LB 379, § 1; R.S.1943, (1993), § 37-713; Laws 1998, LB 922, § 187; Laws 1999, LB 176, § 56;    Laws 2009, LB105, § 23.    


37-478. Captive wildlife auction permit; issuance; fee; prohibited acts.

(1) To conduct an auction in this state of captive wild birds, captive wild mammals, or captive wildlife as specified in subsection (1) of section 37-477, a person shall apply to the commission on a form prescribed by the commission for a captive wildlife auction permit. An applicant for a permit shall specify the dates of the auction and shall apply for a permit for each auction to be held in the state. The application for the permit shall include the applicant's social security number. The fee for such permit shall be not more than sixty-five dollars, as established by the commission pursuant to section 37-327. The commission shall adopt and promulgate rules and regulations specifying application requirements and procedures, reporting and inspection requirements, and other requirements related to auction activities.

(2) A permitholder shall not (a) take wild birds, wild mammals, or other wildlife from the wild in Nebraska or (b) purchase wild birds, wild mammals, or other wildlife from any person other than the commission or a person authorized to propagate and dispose of wild birds, wild mammals, or other wildlife. A permit under this section is not required for an auction of domesticated cervine animals as defined in section 54-701.03.

Source:Laws 1957, c. 151, § 2, p. 490; Laws 1981, LB 72, § 20; Laws 1986, LB 558, § 2; Laws 1993, LB 235, § 26; R.S.1943, (1993), § 37-714; Laws 1998, LB 922, § 188; Laws 1999, LB 176, § 57;    Laws 2008, LB1162, § 10.    


37-479. Captive wildlife permit; issuance; fee; prohibited acts; violation; penalty.

(1) To purchase, possess, propagate, or sell captive wild birds, captive wild mammals, or captive wildlife as specified in subsection (1) of section 37-477 or to sell parts thereof, except as provided in section 37-505, a person shall apply to the commission on a form prescribed by the commission for a captive wildlife permit. The commission shall adopt and promulgate rules and regulations specifying application requirements and procedures. The permit shall expire on December 31. The application for the permit shall include the applicant's social security number. The annual fee for such permit shall be not more than thirty dollars, as established by the commission pursuant to section 37-327. A holder of a captive wildlife permit shall report to the commission by January 15 for the preceding calendar year on forms provided by the commission. The commission shall adopt and promulgate rules and regulations specifying the requirements for the reports.

(2) A permitholder shall not (a) take wild birds, wild mammals, or wildlife from the wild in Nebraska or (b) purchase wild birds, wild mammals, or wildlife from any person other than the commission or a person authorized to propagate and dispose of wild birds, wild mammals, or wildlife. A permit under this section is not required for possession or production of domesticated cervine animals as defined in section 54-701.03.

(3) It shall be unlawful to lure or entice wildlife into a domesticated cervine animal facility for the purpose of containing such wildlife. Any person violating this subsection shall be guilty of a Class II misdemeanor and upon conviction shall be fined at least one thousand dollars.

Source:Laws 1957, c. 151, § 3, p. 490; Laws 1981, LB 72, § 21; Laws 1987, LB 379, § 2; Laws 1993, LB 235, § 27; Laws 1997, LB 752, § 92; R.S.Supp.,1997, § 37-715; Laws 1998, LB 922, § 189; Laws 1999, LB 176, § 58;    Laws 2008, LB1162, § 11;    Laws 2009, LB105, § 24.    


37-480. Wild birds and wild mammals; disposition; restrictions.

(1) Wild birds or wild mammals raised and processed by holders of captive wildlife permits for food trade only shall not be required to be marked as specified in rules and regulations of the commission, but any such dressed and packaged wild bird or wild mammal shall be identified with a label listing the contents of the package, the name of the permitholder, and his or her permit number.

(2) The sale, purchase, or barter of any wild bird or the carcass of a wild bird bearing shot marks or external wounds of any kind is prohibited, except that such wild birds may be bought or sold if they are obtained from the holder of a captive wildlife permit, they are shot in a dog trial approved as a training program by the commission, and they are marked, possessed, and transported according to rules and regulations of the commission.

Source:Laws 1957, c. 151, § 4, p. 490; R.S.1943, (1993), § 37-716; Laws 1998, LB 922, § 190; Laws 1999, LB 176, § 59.    


37-481. Certain wild animals; keeping in captivity; permit not required; when.

Sections 37-477 to 37-480 shall not be construed to require the obtaining of a permit for the purpose of keeping in captivity wild birds, wild mammals, or wildlife as specified in subsection (1) of section 37-477 or for the purpose of purchasing, possessing, propagating, selling, bartering, or otherwise disposing of any wild birds, wild mammals, or wildlife as specified in subsection (1) of section 37-477 by (1) any zoo, park, refuge, wildlife area, or nature center owned or operated by a city, village, state, or federal agency or any zoo accredited by the Association of Zoos and Aquariums or the Zoological Association of America or (2) any circus licensed by the United States Department of Agriculture.

Source:Laws 1957, c. 151, § 5, p. 491; Laws 1969, c. 296, § 1, p. 1069; Laws 1986, LB 558, § 3; R.S.1943, (1993), § 37-717; Laws 1998, LB 922, § 191; Laws 1999, LB 176, § 60;    Laws 2009, LB105, § 25.    


37-482. Certain wild animals; keeping in captivity; violations; penalty; officers; entry and inspection authorized.

Any person violating the provisions of sections 37-477 to 37-481 shall be guilty of a Class IV misdemeanor. Any conservation officer or other peace officer authorized to enforce the Game Law may, at any time, enter a facility associated with a captive wildlife auction permit or a captive wildlife permit for the purpose of inspecting the facility or enforcing the Game Law.

Source:Laws 1957, c. 151, § 6, p. 491; Laws 1977, LB 40, § 204; R.S.1943, (1993), § 37-718; Laws 1998, LB 922, § 192; Laws 1999, LB 176, § 61.    


37-482.01. Sale of game authorized.

Game lawfully acquired from the holder of a permit under sections 37-465 and 37-479 may be sold in this state. The burden of proof is upon the buyer, seller, or possessor to show by competent and satisfactory evidence that game in his or her possession or sold by him or her was lawfully acquired from such a permitholder.

Source:Laws 1998, LB 922, § 177; R.S.1943, (1998), § 37-467; Laws 1999, LB 176, § 62.    


37-483. Recall pen; captive wildlife permit required; permit.

The construction, operation, and maintenance of a facility commonly known as a recall pen, also known as a recapture pen, which is used for the recapture of marked game birds originating from the holder of a captive wildlife permit in conjunction with dog training or dog trial activities shall be legal if the person owning or controlling such recall pen, prior to the operation thereof, holds a captive wildlife permit and complies with section 37-479. The commission shall adopt and promulgate rules and regulations for the issuance of permits for recall pens and for the possession and use of recall pens. Nothing in this section shall authorize the use of recall pens for the trapping of other wild birds.

Source:Laws 1972, LB 1447, § 2; R.S.1943, (1993), § 37-501.01; Laws 1998, LB 922, § 193; Laws 1999, LB 176, § 63;    Laws 2003, LB 306, § 12;    Laws 2008, LB1162, § 12;    Laws 2011, LB41, § 15.    


37-484. Game breeding and controlled shooting area; license; application; fee.

Any person or persons owning, holding, or controlling by lease or otherwise, which possession must be for a term of five or more years, any tract or tracts of land having an area of not less than eighty acres and not more than two thousand five hundred sixty acres who desires to establish a game breeding and controlled shooting area to propagate, preserve, and shoot game birds under the regulations as provided in sections 37-484 to 37-496 shall make application to the commission for a license as provided by such sections. Such application shall be made under oath of the applicant or one of its principal officers if the applicant is an association, club, or corporation and shall be accompanied by a license fee of not more than one hundred ninety-eight dollars, as established by the commission pursuant to section 37-327. Any controlled shooting area existing on February 18, 1987, shall continue in operation on the existing acreage until such controlled shooting area license is not renewed or canceled. If the applicant is an individual, the application shall include the applicant's social security number.

Source:Laws 1957, c. 152, § 1, p. 492; Laws 1967, c. 223, § 1, p. 598; Laws 1969, c. 297, § 1, p. 1070; Laws 1987, LB 206, § 1; Laws 1993, LB 235, § 29; Laws 1997, LB 752, § 93; R.S.Supp.,1997, § 37-901; Laws 1998, LB 922, § 194; Laws 2003, LB 306, § 13;    Laws 2008, LB1162, § 13;    Laws 2011, LB41, § 16;    Laws 2016, LB745, § 16.    


37-485. License requirements; inspection; issuance.

Upon receipt of the application, the commission shall inspect the area proposed to be licensed described in such application and its premises and facilities. The commission shall also inspect the area where game birds are to be propagated, reared, and liberated and the cover for game birds on such area. The commission shall also ascertain the ability of the applicant to operate a property of this character. If the commission finds (1) that the area is of the size specified in section 37-484, (2) that the area is comprised of one or more tracts and each tract is a distance of no more than two miles from at least one other tract in the proposed area, (3) that the area has the proper requirements for the operation of such a property, (4) that the game birds propagated or released thereon are not likely to be diseased and a menace to other game, (5) that the operation of such property will not work a fraud upon persons who may be permitted to hunt thereon, and (6) that the issuing of the license will otherwise be in the public interest, the commission shall approve such application and issue a game breeding and controlled shooting area license for the operation of such a property on the tract described in such application with the rights and subject to the limitations prescribed in sections 37-484 to 37-496.

Source:Laws 1957, c. 152, § 2, p. 492; Laws 1969, c. 297, § 2, p. 1070; Laws 1989, LB 34, § 49; R.S.1943, (1993), § 37-902; Laws 1998, LB 922, § 195; Laws 2011, LB41, § 17.    


37-486. License; expiration.

All game breeding and controlled shooting area licenses shall expire on June 30 of each year at midnight.

Source:Laws 1957, c. 152, § 3, p. 493; Laws 1987, LB 206, § 2; R.S.1943, (1993), § 37-903; Laws 1998, LB 922, § 196.


37-487. Posting of areas.

Upon receipt of a license under sections 37-484 to 37-496, the licensee shall promptly post such licensed areas according to the requirements prescribed by the commission.

Source:Laws 1957, c. 152, § 4, p. 493; R.S.1943, (1993), § 37-904; Laws 1998, LB 922, § 197; Laws 2011, LB41, § 18.    


37-488. Privileges conferred by license; game birds, requirements; marking and transport.

The licensee of any licensed game breeding and controlled shooting area may take or authorize to be taken, within the season fixed and designated and in such numbers as provided in sections 37-484 to 37-496, game birds as specified in rules and regulations of the commission and released on licensed areas during the shooting season as provided in such sections. The commission shall prescribe requirements, in rules and regulations, for the marking and transport of the game birds released.

Source:Laws 1957, c. 152, § 5, p. 493; Laws 1974, LB 766, § 1; Laws 1985, LB 446, § 1; Laws 1993, LB 235, § 30; R.S.1943, (1993), § 37-905; Laws 1998, LB 922, § 198; Laws 2011, LB41, § 19.    


37-489. Game birds released, propagated, and taken; record; reports.

For the purpose of sections 37-484 to 37-496, game birds shall be released upon licensed game breeding and controlled shooting areas in numbers regulated by the commission. The licensee shall keep such records and make such reports as to game birds released, propagated, and taken, at such times and in such manner as may be required by the commission.

Source:Laws 1957, c. 152, § 6, p. 494; R.S.1943, (1993), § 37-906; Laws 1998, LB 922, § 199; Laws 2011, LB41, § 20.    


37-490. Closed season.

No person shall hunt any upland game birds and mallard ducks upon such breeding and controlled shooting area except between September 1 and April 15 of each year, except that turkeys may be hunted throughout the open season and dog training or dog trial activities may be permitted as prescribed by rules and regulations of the commission or commission orders.

Source:Laws 1957, c. 152, § 7, p. 494; Laws 1967, c. 224, § 1, p. 599; Laws 1987, LB 206, § 3; R.S.1943, (1993), § 37-907; Laws 1998, LB 922, § 200; Laws 2011, LB41, § 21;    Laws 2013, LB499, § 8;    Laws 2016, LB745, § 17.    


37-491. Hunting permit; habitat stamp; required; nonresidents, requirements.

Every individual hunting game birds upon a licensed game breeding and controlled shooting area shall secure a hunting permit and a habitat stamp in accordance with the laws of the State of Nebraska, except that nonresidents of the State of Nebraska are not required to secure a hunting permit but are required to secure a habitat stamp and pay a license fee, not less than the cost of a resident hunting permit, as established by the commission pursuant to section 37-327.

Source:Laws 1957, c. 152, § 8, p. 494; Laws 1976, LB 861, § 19; Laws 1993, LB 235, § 31; R.S.1943, (1993), § 37-908; Laws 1998, LB 922, § 201; Laws 2002, LB 1003, § 24.    


37-492. Commission; rules and regulations; commission orders; limitations upon game breeding and controlled shooting areas.

The commission may adopt and promulgate rules and regulations and pass commission orders for carrying out, administering, and enforcing the provisions of sections 37-484 to 37-496. The commission shall limit the number of areas proposed for licensing so that the total acreage licensed for game breeding and controlled shooting areas in any one county does not exceed two percent of the total acreage of the county in which the areas are sought to be licensed. The commission shall not require distances between boundaries of game breeding and controlled shooting areas to be greater than two miles. No license shall be issued for any area whereon mallard ducks are shot or to be shot if the area lies within three miles of any river or within three miles of any lake with an area exceeding three acres, except that a license may be issued for such area for the shooting of upland game birds only, and the rearing or shooting of mallard ducks thereon is prohibited.

Source:Laws 1957, c. 152, § 10, p. 495; Laws 1969, c. 297, § 3, p. 1071; R.S.1943, (1993), § 37-910; Laws 1998, LB 922, § 202; Laws 2011, LB41, § 22;    Laws 2013, LB499, § 9.    


37-493. License; refusal to issue or renew; suspension or revocation; grounds; notice; hearing.

The commission may either refuse to issue or refuse to renew or may suspend or may revoke any game breeding and controlled shooting area license if the commission finds that such licensed area or the operator thereof is not complying or does not comply with the provisions of sections 37-484 to 37-496, or that such property or area is operated in violation of other provisions of sections 37-484 to 37-496, or in an unlawful or illegal manner. The commission shall not refuse to issue, refuse to renew, nor suspend or revoke any license for any of these causes, unless the licensee affected has been given at least fifteen days' notice in writing of the reasons for the action of the commission and an opportunity to appear before the commission or a representative thereof in opposition to the action of the commission. Upon the hearing of any such proceeding, the secretary of the commission, or any representative of the commission designated by him or her, may administer oaths and the commission may procure by its subpoena the attendance of witnesses and the production of relevant books and papers. Any district court or any judge of a district court, upon application of either the licensee affected or of the commission, may on order duly entered require the attendance of witnesses and the production of relevant books and papers before the commission or its representative in any such hearing. Upon refusal or neglect to obey the order of the court or judge, the court or judge may compel obedience of the order by proceedings for contempt of court.

Source:Laws 1957, c. 152, § 11, p. 495; R.S.1943, (1993), § 37-911; Laws 1998, LB 922, § 203.


37-494. License; revocation; grounds.

Whenever a license is issued to any person and the holder thereof violates or is found guilty of a violation of any of the provisions of sections 37-484 to 37-496 or of any misrepresentation in obtaining such license, the license so issued to such a person may be revoked by the commission, and the secretary of the commission may, in his or her discretion, refuse to issue any license to such person for the period of one year thereafter.

Source:Laws 1957, c. 152, § 12, p. 496; R.S.1943, (1993), § 37-912; Laws 1998, LB 922, § 204.


37-495. License; available for presentation.

It shall be the duty of every person who has been issued a license under sections 37-484 to 37-496 to have evidence of the same in his or her possession for immediate presentation to the conservation officers and employees of the commission or any other peace officer making demand for same.

Source:Laws 1957, c. 152, § 13, p. 496; Laws 1988, LB 1030, § 39; R.S.1943, (1993), § 37-913; Laws 1998, LB 922, § 205; Laws 1999, LB 176, § 64;    Laws 2003, LB 305, § 17.    


37-496. License; form and contents; requirements.

Licenses authorized to be issued under sections 37-484 to 37-496 shall be prepared by the commission. They shall be in such form and content as may be prescribed by the commission and be supplied by the commission, subject to such rules and regulations as the commission may prescribe.

Source:Laws 1957, c. 152, § 14, p. 496; R.S.1943, (1993), § 37-914; Laws 1998, LB 922, § 206; Laws 2003, LB 305, § 18.    


37-497. Raptors; protection; management; falconry permit; captive propagation permit; raptor collecting permit; fees.

(1) The commission may take such steps as it deems necessary to provide for the protection and management of raptors.

(2) The commission may issue falconry permits for the taking and possession of raptors for the purpose of practicing falconry. A falconry permit may be issued only to a resident of the state who has paid the fees required in this subsection and has passed a written and oral examination concerning raptors given by the commission or an authorized representative of the commission. The commission shall charge a fee for each permit of not more than twenty-three dollars for persons twelve to seventeen years of age and not more than sixty-one dollars for persons eighteen years of age and older, as established by the commission pursuant to section 37-327. If the applicant fails to pass the examination, he or she shall not be entitled to reapply for a falconry permit for a period of six months after the date of the examination. A person less than twelve years of age shall not be issued a falconry permit. A person from twelve to seventeen years of age may be issued a permit only if he or she is sponsored by an adult who has a valid falconry permit and appropriate experience. All falconry permits shall be nontransferable and shall expire three years after the date of issuance. If the commission is satisfied as to the competency and fitness of an applicant whose permit has expired, his or her permit may be renewed without requiring further examination subject to terms and conditions imposed by the commission. The commission shall adopt and promulgate rules and regulations outlining species of raptors which may be taken, captured, or held in possession.

(3) The commission may issue captive propagation permits to allow the captive propagation of raptors. A permit may be issued to a resident of the state who has paid the fee required in this subsection. The fee for each permit shall be not more than three hundred five dollars, as established by the commission pursuant to section 37-327. The permit shall be nontransferable, shall expire three years after the date of issuance, and may be renewed under terms and conditions established by the commission. The commission shall authorize the species and the number of each such species which may be taken, captured, acquired, or held in possession. The commission shall adopt and promulgate rules and regulations governing the issuance and conditions of captive propagation permits.

(4) The commission may issue raptor collecting permits to nonresidents as prescribed by the rules and regulations of the commission. The fee for a permit shall be not more than two hundred sixty-five dollars, as established by the commission pursuant to section 37-327. A raptor collecting permit shall be nontransferable. The commission shall adopt and promulgate rules and regulations governing the issuance and conditions of raptor collecting permits.

Source:Laws 1971, LB 733, § 1; Laws 1987, LB 154, § 2; Laws 1990, LB 940, § 1; Laws 1993, LB 235, § 28; R.S.1943, (1993), § 37-720; Laws 1998, LB 922, § 207; Laws 2003, LB 306, § 14;    Laws 2008, LB1162, § 14;    Laws 2011, LB41, § 23;    Laws 2016, LB745, § 18.    


37-498. Raptors; take or maintain; permit required.

(1) It shall be unlawful for any person to take or attempt to take or maintain a raptor in captivity, except as otherwise provided by law or by rule or regulation of the commission, unless he or she possesses a falconry permit, a captive propagation permit, or a raptor collecting permit as required by section 37-497.

(2) No person shall sell, barter, purchase, or offer to sell, barter, or purchase any raptor, raptor egg, or raptor semen, except as permitted under a falconry or captive propagation permit issued under section 37-497 or the rules and regulations adopted and promulgated by the commission. Nothing in this section shall be construed to permit any sale, barter, purchase, or offer to sell, barter, or purchase any raptor, raptor egg, or raptor semen taken from the wild.

Source:Laws 1971, LB 733, § 2; Laws 1987, LB 154, § 3; R.S.1943, (1993), § 37-721; Laws 1998, LB 922, § 208; Laws 2011, LB41, § 24.    


37-499. Repealed. Laws 2011, LB 41, § 31.

37-4,100. Repealed. Laws 2011, LB 41, § 31.

37-4,101. Repealed. Laws 2011, LB 41, § 31.

37-4,102. Repealed. Laws 2011, LB 41, § 31.

37-4,103. Raptors; violations; penalty.

Any person violating any provision of section 37-497 or 37-498 shall be guilty of a Class IV misdemeanor. In addition, the court shall order the revocation of the permit of the offender.

Source:Laws 1971, LB 733, § 7; Laws 1977, LB 40, § 206; Laws 1987, LB 154, § 8; R.S.1943, (1993), § 37-726; Laws 1998, LB 922, § 213; Laws 2011, LB41, § 25.    


37-4,104. Commercial fishing permit; issuance; fees; expiration; tag requirements.

(1) Individuals shall apply to the commission on forms prescribed by the commission for an annual commercial fishing permit and shall not take or sell fish as prescribed in this section and section 37-543 before receiving such permit.

(2) The commission shall, pursuant to section 37-327, establish and collect fees from residents and nonresidents for all commercial fishing permits as follows:

(a) Not more than ninety-eight dollars for residents and not more than one hundred ninety-five dollars and fifty cents for nonresidents for each commercial fishing permit permitting the legal use of five hundred lineal feet of seine or fraction thereof, and five hundred lineal feet of trammel net or fraction thereof, and ten hoop nets without wings, and permitting the use of one helper if the helper is in the same boat as the person holding the permit;

(b) Not more than twenty-nine dollars for residents and not more than sixty dollars for nonresidents for each additional five hundred lineal feet of seine or trammel net or fraction thereof; and

(c) Not more than three dollars and fifty cents for residents and not more than seven dollars for nonresidents for each additional hoop net, wing net, or fish trap or other device, permitted by the commission and used under the commercial fishing permit.

(3) All commercial fishing permits shall expire at midnight on December 31 following their issuance. All money received by the commission shall be deposited as provided in section 37-323. The commission shall furnish to any permitholder without cost a tag numbered and stamped so as to show the year of issuance and for what issued for each net, seine, or device, and it shall be unlawful to use such net, seine, or device without first having procured such tag and fastened it to such net, seine, or device.

Source:Laws 1998, LB 922, § 214; Laws 2003, LB 306, § 15;    Laws 2008, LB1162, § 15.    


37-4,105. Bait dealer's permit; issuance; fees.

It shall be unlawful for individuals, either resident or nonresident, to sell baitfish or amphibians except according to rules and regulations established by the commission. The commission may require a bait dealer's permit for a fee of not more than thirty-seven dollars for residents and not more than two hundred thirty dollars for nonresidents, as established by the commission pursuant to section 37-327.

If such permits are required by the commission, the application shall include the social security number of the applicant.

Source:Laws 1998, LB 922, § 215; Laws 2002, LB 1003, § 25;    Laws 2003, LB 306, § 16;    Laws 2008, LB1162, § 16.    


37-4,106. Nonresident fish dealer's permit; issuance; fee.

Nonresidents holding a valid nonresident fish dealer's permit may possess, buy, sell, transport, and ship live baitfish, live fish, and other bait species as specified in commission rules and regulations legally obtained from outside this state or from a licensed aquaculture facility in accordance with rules and regulations adopted and promulgated by the commission. The application for the permit shall include the applicant's social security number. The fee for a nonresident fish dealer's permit shall be not more than seventy-five dollars, as established by the commission pursuant to section 37-327.

Source:Laws 1998, LB 922, § 216; Laws 2002, LB 1003, § 26;    Laws 2003, LB 306, § 17;    Laws 2008, LB1162, § 17.    


37-4,107. Bullfrogs; fishing permit required; manner of taking.

Bullfrogs may be taken, possessed, transported, and used under rules and regulations adopted and promulgated by the commission or commission orders setting forth seasons, bag limits, open areas, and manner of taking established by the commission pursuant to section 37-314, by the holder of a fishing permit. In taking bullfrogs, an artificial light may be used.

Source:Laws 1957, c. 139, § 8, p. 468; Laws 1973, LB 331, § 4; R.S.1943, (1993), § 37-226; Laws 1998, LB 922, § 217; Laws 2013, LB499, § 10.    


37-4,108. Commercial put-and-take fishing; license; issuance; fee; violation; penalty.

(1) No fishing permit shall be required for fishing in any duly licensed commercial put-and-take fishery operating under rules and regulations adopted and promulgated by the commission. The annual fee for licensing such commercial put-and-take fishery shall be not more than seventy-five dollars per year, as established by the commission pursuant to section 37-327, payable in advance, and no person shall operate such an establishment without first obtaining such license from the commission. Before issuing such license the commission shall investigate each such establishment annually and be satisfied that the same is a bona fide commercial put-and-take fishery operating within all applicable state and federal laws.

(2) Any person violating this section shall be guilty of a Class II misdemeanor and shall be fined at least forty dollars.

Source:Laws 1998, LB 922, § 218; Laws 2003, LB 306, § 18;    Laws 2008, LB1162, § 18.    


37-4,109. Put-and-take trout fishing; regulations; fees; exception.

The commission may: (1) Establish, by regulation, special public-use areas for put-and-take trout fishing, on state-owned land, (2) stock such special public-use areas with trout, and (3) impose fees for trout fishing on such areas which fees shall be based on the actual cost to the state of providing and stocking such areas, except that no such fees may be imposed within ten miles of any privately owned and stocked trout fishing area which is open to the general public and for which a charge is made for fishing when such privately owned area was established before the establishment of such area by the commission.

Source:Laws 1959, c. 158, § 1, p. 589; Laws 1967, c. 218, § 1, p. 592; R.S.1943, (1993), § 37-425; Laws 1998, LB 922, § 219.


37-4,110. Put-and-take trout fishing; fees; disposition.

All fees received pursuant to section 37-4,109 shall be remitted by the commission to the State Treasurer for credit to the State Game Fund, except that fees received from state park rentals or other state park activities shall be credited to the fund of the park from which such fees were derived.

Source:Laws 1959, c. 158, § 2, p. 589; Laws 1959, c. 152, § 3, p. 578; R.S.1943, (1993), § 37-426; Laws 1998, LB 922, § 220.


37-4,111. Permit to take paddlefish; issuance; fee.

The commission may adopt and promulgate rules and regulations to provide for the issuance of permits for the taking of paddlefish. The commission may, pursuant to section 37-327, establish and charge a fee of not more than thirty-five dollars for residents. The fee for a nonresident permit to take paddlefish shall be two times the resident permit fee. In addition, the commission may, pursuant to section 37-327, establish and charge a nonrefundable application fee of not more than seven dollars. All fees collected under this section shall be remitted to the State Treasurer for credit to the State Game Fund.

Source:Laws 2002, LB 1003, § 30;    Laws 2007, LB299, § 12;    Laws 2009, LB105, § 26;    Laws 2016, LB745, § 19.    


37-501. Game and fish; bag and possession limit; violation; penalty.

Except as otherwise provided by the Game Law, rules and regulations of the commission, or commission orders, it shall be unlawful for any person in any one day to take or have in his or her possession at any time a greater number of game birds, game animals, or game fish of any one kind than as established pursuant to section 37-314. Any person violating this section shall be guilty of a Class III misdemeanor and, upon conviction, shall be fined at least two hundred dollars for violations relating to turkeys, small game animals, or game fish.

Source:Laws 1929, c. 112, III, § 4, p. 416; C.S.1929, § 37-304; Laws 1933, c. 69, § 1, p. 308; Laws 1937, c. 89, § 7, p. 294; C.S.Supp.,1941, § 37-304; R.S.1943, § 37-303; Laws 1989, LB 34, § 13; R.S.1943, (1993), § 37-303; Laws 1998, LB 922, § 221; Laws 2009, LB105, § 27;    Laws 2013, LB499, § 11.    


Annotations

37-502. Prohibited acts during closed season.

Except as otherwise provided by the Game Law, it shall be unlawful to take any species of wildlife protected by the Game Law except during the open seasons established pursuant to section 37-314.

Source:Laws 1929, c. 112, III, § 5, p. 417; C.S.1929, § 37-305; Laws 1931, c. 71, § 1, p. 191; Laws 1933, c. 67, § 1, p. 305; Laws 1937, c. 89, § 8, p. 294; Laws 1939, c. 42, § 1, p. 200; C.S.Supp.,1941, § 37-305; Laws 1943, c. 94, § 6, p. 325; R.S.1943, § 37-304; Laws 1945, c. 78, § 4, p. 290; Laws 1945, c. 79, § 1(1), p. 295; Laws 1981, LB 72, § 14; Laws 1989, LB 34, § 14; R.S.1943, (1993), § 37-304; Laws 1998, LB 922, § 222.


37-503. Game; illegal possession; exception.

It shall be unlawful for anyone to have in his or her possession, except during the open season thereon, any unmounted game except as allowed by the Game Law or the rules and regulations adopted and promulgated and commission orders passed by the commission.

Source:Laws 1945, c. 79, § 1(2), p. 295; Laws 1994, LB 1165, § 8; R.S.Supp.,1996, § 37-304.01; Laws 1998, LB 922, § 223; Laws 1999, LB 176, § 66;    Laws 2011, LB41, § 26;    Laws 2013, LB499, § 12.    


37-504. Violations; penalties; exception.

(1) Any person who at any time, except during an open season ordered by the commission as authorized in the Game Law, unlawfully hunts, traps, or has in his or her possession:

(a) Any deer, antelope, swan, or wild turkey shall be guilty of a Class III misdemeanor and, upon conviction, shall be fined at least five hundred dollars for each violation; or

(b) Any elk shall be guilty of a Class II misdemeanor and, upon conviction, shall be fined at least one thousand dollars for each violation.

(2) Any person who at any time, except during an open season ordered by the commission as authorized in the Game Law, unlawfully hunts, traps, or has in his or her possession any mountain sheep shall be guilty of a Class I misdemeanor and shall be fined at least one thousand dollars upon conviction.

(3) Any person who at any time, except during an open season ordered by the commission as authorized in the Game Law, unlawfully hunts, traps, or has in his or her possession any quail, pheasant, partridge, Hungarian partridge, curlew, grouse, mourning dove, sandhill crane, or waterfowl shall be guilty of a Class III misdemeanor and shall be fined at least five hundred dollars upon conviction.

(4) Any person who unlawfully takes any game or unlawfully has in his or her possession any such game shall be guilty of a Class III misdemeanor and, except as otherwise provided in this section and section 37-501, shall be fined at least fifty dollars for each animal unlawfully taken or unlawfully possessed up to the maximum fine authorized by law upon conviction.

(5) Any person who, in violation of the Game Law, takes any mourning dove that is not flying shall be guilty of a Class V misdemeanor.

(6) Any person who, in violation of the Game Law, has in his or her possession any protected bird, or destroys or takes the eggs or nest of any such bird, shall be guilty of a Class V misdemeanor.

(7) The provisions of this section shall not render it unlawful for anyone operating a captive wildlife facility or an aquaculture facility, pursuant to the laws of this state, to at any time kill game or fish actually raised thereon or lawfully placed thereon by such person.

(8) A person holding a special permit pursuant to the Game Law for the taking of any game or any birds not included in the definition of game shall not be liable under this section while acting under the authority of such permit.

Source:Laws 1929, c. 112, III, § 9, p. 419; C.S.1929, § 37-309; Laws 1937, c. 89, § 10, p. 295; Laws 1941, c. 72, § 4, p. 302; C.S.Supp.,1941, § 37-309; Laws 1943, c. 94, § 8, p. 327; R.S.1943, § 37-308; Laws 1947, c. 134, § 1, p. 377; Laws 1949, c. 104, § 1, p. 283; Laws 1953, c. 123, § 3, p. 387; Laws 1957, c. 139, § 10, p. 469; Laws 1975, LB 142, § 3; Laws 1977, LB 40, § 182; Laws 1981, LB 72, § 16; Laws 1989, LB 34, § 18; Laws 1997, LB 107, § 4; R.S.Supp.,1997, § 37-308; Laws 1998, LB 922, § 224; Laws 1999, LB 176, § 67;    Laws 2009, LB105, § 28;    Laws 2017, LB566, § 2.    
Effective Date: August 24, 2017


Annotations

37-505. Game animals, birds, or fish; possession or sale prohibited; exceptions; violation; penalty.

(1) It shall be unlawful to buy, sell, or barter the meat or flesh of game animals or game birds whether such animals or birds were killed or taken within or outside this state. Except as otherwise provided in this section, it shall be unlawful to buy, sell, or barter other parts of game animals or game birds.

(2) It shall be lawful to buy, sell, or barter only the following parts of legally taken antelope, deer, elk, rabbits, squirrels, and upland game birds: The hides, hair, hooves, bones, antlers, and horns of antelope, deer, or elk, the skins, tails, or feet of rabbits and squirrels, and the feathers or skins of upland game birds.

(3) It shall be lawful to pick up, possess, buy, sell, or barter antlers or horns which have been dropped or shed by antelope, deer, or elk. It shall be unlawful to pick up, possess, buy, sell, or barter mountain sheep or any part of a mountain sheep except (a) as permitted by law or rule or regulation of the commission and (b) for possession of mountain sheep or any part of a mountain sheep lawfully obtained in this state or another state or country.

(4) The commission may provide by rules and regulations for allowing, restricting, or prohibiting the acquisition, possession, purchase, sale, or barter of discarded parts, including, but not limited to, horns and antlers, or parts of dead game animals and upland game birds which have died from natural causes or causes which were not associated with any known illegal acts, which parts are discovered by individuals.

(5) Any domesticated cervine animal as defined in section 54-701.03 or any part of such an animal may be bought, sold, or bartered if the animal or parts are appropriately marked for proof of ownership according to rules and regulations adopted and promulgated by the Department of Agriculture.

(6) It shall be unlawful to buy, sell, or barter any sport fish protected by the Game Law at any time whether the fish was killed or taken within or outside this state, except that game fish lawfully shipped in from outside this state by residents of this state or fish lawfully acquired from a person having an aquaculture permit or, in the case of bullheads, pursuant to section 37-545 may be sold in this state. The burden of proof shall be upon any such buyer, seller, or possessor to show by competent and satisfactory evidence that any game fish in his or her possession or sold by him or her was lawfully shipped in from outside this state or was lawfully acquired from one of such sources.

(7) Any person violating this section shall be guilty of a Class III misdemeanor and shall be fined at least fifty dollars.

Source:Laws 1929, c. 112, V, § 5, p. 427; C.S.1929, § 37-505; Laws 1931, c. 72, § 2, p. 194; Laws 1937, c. 89, § 12, p. 297; C.S.Supp.,1941, § 37-505; R.S.1943, § 37-505; Laws 1945, c. 81, § 1, p. 300; Laws 1945, c. 80, § 2, p. 299; Laws 1959, c. 154, § 2, p. 581; Laws 1961, c. 169, § 7, p. 506; Laws 1961, c. 174, § 2, p. 517; Laws 1963, c. 200, § 2, p. 648; Laws 1967, c. 216, § 12, p. 587; Laws 1972, LB 556, § 1; Laws 1981, LB 72, § 17; Laws 1985, LB 557, § 9; Laws 1989, LB 34, § 28; Laws 1989, LB 166, § 2; Laws 1989, LB 172, § 1; Laws 1991, LB 341, § 1; Laws 1993, LB 235, § 24; Laws 1994, LB 1165, § 10; Laws 1995, LB 718, § 1; Laws 1997, LB 107, § 5; Laws 1997, LB 752, § 90; R.S.Supp.,1997, § 37-505; Laws 1998, LB 922, § 225.


37-506. Illegal activities regarding fish and game; extent of restrictions.

Whenever the possession, use, importation, storage, taxidermy for millinery purposes, sale, or offering or exposing for sale of fish or game is prohibited or restricted, the prohibition or restriction, when not specifically stated to be otherwise, shall mean any part of such fish or game.

Source:Laws 1976, LB 861, § 2; Laws 1981, LB 73, § 3; Laws 1987, LB 105, § 5; Laws 1994, LB 1165, § 11; R.S.Supp.,1996, § 37-507.01; Laws 1998, LB 922, § 226; Laws 1999, LB 176, § 68.    


37-507. Game bird, game animal, or game fish; abandonment or needless waste; penalty.

Any person who at any time takes any game bird, game animal, or game fish other than baitfish in this state and who intentionally leaves or abandons such bird, animal, or fish or an edible portion thereof resulting in wanton or needless waste or otherwise intentionally allows it or an edible portion thereof to be wantonly or needlessly wasted or fails to dispose thereof in a reasonable and sanitary manner shall be guilty of a Class III misdemeanor.

Source:Laws 1959, c. 150, § 11, p. 575; Laws 1977, LB 40, § 197; R.S.1943, (1993), § 37-525; Laws 1998, LB 922, § 227; Laws 2009, LB105, § 29.    


37-508. Game and fish in cold storage; violation; penalty; duty of inspectors to report.

(1) No game or fish, protected by the Game Law, may be placed in cold storage in any licensed cold storage plant, butcher shop, ice cream factory, ice house, or other place used for commercial refrigerating purposes except by the lawful owner of such game or fish in his or her own name, and the same shall be tagged as the commission by rule and regulation may require.

(2) Game and fish legally taken and tagged in states other than Nebraska may be stored within the State of Nebraska as provided for in the rules and regulations of the commission.

(3)(a) Every cold storage plant owner or operator in whose plant game or fish protected by the Game Law is held after the prescribed storage season, as established by the rules and regulations of the commission, and following the close of the open season thereon, (b) every person having in cold storage any such game or fish after such time, and (c) every person who fails to tag game or fish in accordance with the rules and regulations of the commission when placing the same in cold storage shall be guilty of a Class III misdemeanor.

(4) It is hereby made the duty of every food inspector, hotel inspector, and sanitary inspector, in the employ of the state, to immediately report to the commission any violations of this section that come to the attention of such inspector while in the discharge of the duties of such inspector.

Source:Laws 1929, c. 112, III, § 6, p. 418; C.S.1929, § 37-306; Laws 1941, c. 72, § 9, p. 305; C.S.Supp.,1941, § 37-306; Laws 1943, c. 94, § 7, p. 326; R.S.1943, § 37-305; Laws 1945, c. 78, § 5, p. 291; Laws 1957, c. 139, § 9, p. 468; Laws 1989, LB 34, § 15; R.S.1943, (1993), § 37-305; Laws 1998, LB 922, § 228; Laws 1999, LB 176, § 69.    


Annotations

37-509. Hunting from aircraft; unlawful; exception; violation; penalty.

(1) It shall be unlawful for any person (a) while airborne in any aircraft to shoot or attempt to shoot for the purpose of killing any bird, fish, or other animal, (b) to use any aircraft to harass any bird, fish, or other animal, (c) to knowingly participate in using any aircraft for such purposes unless he or she is the holder of a currently valid permit issued under section 37-458 and engages only in activities permitted by such permit, or (d) to shoot or attempt to shoot any coyote from an aircraft under the authority of a permit issued under section 37-458 unless permission has first been obtained from the landowners or tenants over whose land the aircraft is to be used to shoot or attempt to shoot coyotes.

(2) Any person violating this section shall be guilty of a Class II misdemeanor.

Source:Laws 1972, LB 1204, § 2; Laws 1978, LB 216, § 1; R.S.1943, (1993), § 37-232; Laws 1998, LB 922, § 229.


37-510. Game shipments; prohibited acts; penalties.

Every express company, bus line, or other common carrier, their officers, agents, and servants, and every shipper by any such transportation agency, who (1) transfers or carries from one point to another within the state, (2) takes out of the state, or (3) receives, for the purpose of transferring from this state, any game enumerated in the Game Law, except as permitted in this section, shall be guilty of a Class III misdemeanor. It shall be lawful for any express company, bus line, railroad, or other common carrier to receive for transportation any game enumerated in the Game Law and to transport them from one point to another by express or baggage during the open season on such game when such game is tagged, as required by the rules and regulations of the commission, and a statement of the shipper is forwarded to the commission that the same is not shipped for sale or profit and was not taken contrary to law. Such statement shall state the number of the shipper's license and describe and give the number of each kind of game. A copy thereof shall be attached to the shipment while in transit from one point to another. Any person who transports game in violation of any of the provisions of this section shall be guilty of a Class III misdemeanor.

Source:Laws 1929, c. 112, V, § 6, p. 427; C.S.1929, § 37-506; Laws 1943, c. 94, § 13, p. 330; R.S.1943, § 37-506; Laws 1947, c. 138, § 1, p. 383; Laws 1959, c. 150, § 7, p. 573; Laws 1977, LB 40, § 190; Laws 1989, LB 34, § 29; R.S.1943, (1993), § 37-506; Laws 1998, LB 922, § 230.


Annotations

37-511. Import shipments of fish or game; unlawful, when; violation; penalty.

Except as otherwise provided in the Game Law, it shall be unlawful for any person, firm, or corporation, acting as common carrier or otherwise, to bring into this state any fish or game from any state during the time that such other state prohibits the transportation of such fish or game from such state to a point without the same. Any person violating this section shall be guilty of a Class III misdemeanor and shall be fined at least fifty dollars.

Source:Laws 1929, c. 112, V, § 7, p. 428; C.S.1929, § 37-507; R.S.1943, § 37-507; Laws 1989, LB 34, § 30; R.S.1943, (1993), § 37-507; Laws 1998, LB 922, § 231.


37-512. Transfer of raw fur by carriers; document required; penalty.

Every express company and common carrier, their officers, agents, and servants, and every other person who (1) transfers or carries from one point to another within the state, (2) takes out of the state, or (3) receives, for the purpose of transferring from this state, any raw furs protected by the Game Law, except as permitted in this section, shall be guilty of a Class III misdemeanor. Any express company, railroad, common carrier, or postmaster may receive raw furs protected by the Game Law for transportation from one point to another by express, baggage, or mail when such raw fur is accompanied by a document placed upon the package giving the name of the consignee, the number of his or her fur-harvesting permit, the date of expiration of the permit which must be on or after the date of shipment, and a description of the kind and number of each kind of raw fur in the shipment.

Source:Laws 1929, c. 112, V, § 8, p. 428; C.S.1929, § 37-508; Laws 1933, c. 67, § 2, p. 306; C.S.Supp.,1941, § 37-508; R.S.1943, § 37-508; Laws 1945, c. 78, § 6, p. 291; Laws 1981, LB 72, § 18; Laws 1989, LB 34, § 31; R.S.1943, (1993), § 37-508; Laws 1998, LB 922, § 232; Laws 2011, LB41, § 27.    


37-513. Shooting at wildlife from highway or roadway; violation; penalty; trapping in county road right-of-way; county; powers; limitation on traps.

(1) It shall be unlawful to shoot at any wildlife from any highway or roadway, which includes that area of land from the center of the traveled surface to the right-of-way on either side. Any person violating this subsection shall be guilty of a Class III misdemeanor and shall be fined at least five hundred dollars.

(2)(a) Any county may adopt a resolution having the force and effect of law to prohibit the trapping of wildlife in the county road right-of-way or in a certain area of the right-of-way as designated by the county.

(b) A person trapping wildlife in a county road right-of-way is not allowed to use traps in the county road right-of-way that are larger than those allowed by the commission as of February 1, 2009, on any land owned or controlled by the commission.

(c) For purposes of this subsection, county road right-of-way means the area which has been designated a part of the county road system and which has not been vacated pursuant to law.

Source:Laws 1929, c. 112, V, § 1, p. 426; C.S.1929, § 37-501; Laws 1937, c. 89, § 11, p. 296; Laws 1941, c. 72, § 6, p. 303; C.S.Supp.,1941, § 37-501; Laws 1943, c. 94, § 11, p. 329; R.S.1943, § 37-501; Laws 1947, c. 137, § 1, p. 382; Laws 1959, c. 150, § 6, p. 572; Laws 1961, c. 169, § 5, p. 503; Laws 1963, c. 204, § 1, p. 656; Laws 1965, c. 203, § 1, p. 606; Laws 1967, c. 220, § 1, p. 594; Laws 1969, c. 294, § 1, p. 1066; Laws 1972, LB 1447, § 1; Laws 1974, LB 765, § 1; Laws 1974, LB 779, § 1; Laws 1975, LB 142, § 4; Laws 1975, LB 220, § 1; Laws 1989, LB 34, § 26; Laws 1989, LB 171, § 1; R.S.1943, (1993), § 37-501; Laws 1998, LB 922, § 233; Laws 2007, LB299, § 13;    Laws 2008, LB865, § 1;    Laws 2009, LB5, § 1;    Laws 2009, LB105, § 30;    Laws 2017, LB566, § 3.    
Effective Date: August 24, 2017


37-514. Hunting wildlife with artificial light; unlawful acts; exception; violation; penalty.

(1) Except as provided in section 37-4,107, it shall be unlawful to hunt any wildlife by projecting or casting the rays of a spotlight, headlight, or other artificial light attached to or used from a vehicle or boat in any field, pasture, woodland, forest, prairie, water area, or other area which may be inhabited by wildlife while having in possession or control, either singly or as one of a group of persons, any firearm or bow and arrow.

(2) Nothing in this section shall prohibit (a) the hunting on foot of raccoon with the aid of a handlight, (b) the hunting of species of wildlife not protected by the Game Law in the protection of property by landowners or operators or their regular employees on land under their control on foot or from a motor vehicle with the aid of artificial light, or (c) the taking of nongame fish by means of bow and arrow from a vessel with the aid of artificial light.

(3) Any person violating this section shall be guilty of a Class III misdemeanor and shall be fined at least two hundred fifty dollars upon conviction.

Source:Laws 1998, LB 922, § 234; Laws 1999, LB 176, § 70;    Laws 2009, LB105, § 31.    


37-515. Aircraft or boats; prohibited acts; violation; penalty.

It shall be unlawful to hunt, drive, or stir up game birds or game animals with or from any aircraft or boat propelled by sail or power. Any person violating this section shall be guilty of a Class III misdemeanor and shall be fined at least fifty dollars.

Source:Laws 1998, LB 922, § 235.


37-516. Harassment of game animals and game birds; use of aircraft, vessel, or vehicle; prohibited.

It shall be unlawful for any person to use any aircraft, vessel, vehicle, snowmobile, or conveyance of any type to molest, chase, drive, or harass any game animal or game bird or to cause any such animal or bird to depart from its habitat areas, fields, waters, woodlands, or grasslands.

Source:Laws 1978, LB 828, § 1; R.S.1943, (1993), § 37-528; Laws 1998, LB 922, § 236.


37-517. Game animals and game birds; use of aircraft, vessel, or vehicle to spot; radio; prohibited.

It shall be unlawful for any person one day before or during the open season to spot, locate, or place under surveillance any game animal or game bird with the aid of any aircraft, vessel, vehicle, snowmobile, or conveyance of any type and convey information about such animal's or bird's location to any person or group of persons by radio or other electronic device.

Source:Laws 1978, LB 828, § 2; R.S.1943, (1993), § 37-529; Laws 1998, LB 922, § 237.


37-518. Violator; aid or assist; prohibited.

It shall be unlawful for any person to aid or assist a person who is in violation of section 37-516 or 37-517.

Source:Laws 1978, LB 828, § 3; Laws 1995, LB 274, § 5; R.S.Supp.,1996, § 37-530; Laws 1998, LB 922, § 238.


37-519. Use of aircraft, vessel, vehicle, weapon, or other equipment; prohibited.

It shall be unlawful for any person to use any aircraft, vessel, vehicle, snowmobile, or other conveyance, firearm, bow and arrow, projectile, device, radio, an electronic device, or other equipment in the commission of any of the acts prohibited under sections 37-516 to 37-518.

Source:Laws 1978, LB 828, § 4; R.S.1943, (1993), § 37-531; Laws 1998, LB 922, § 239.


37-520. Authorized personnel; administer and manage wildlife resources.

Nothing in sections 37-516 to 37-519 shall prohibit authorized personnel of the commission or the United States Department of the Interior in the administration and management of wildlife resources.

Source:Laws 1978, LB 828, § 5; Laws 1995, LB 274, § 6; R.S.Supp.,1996, § 37-532; Laws 1998, LB 922, § 240.


37-521. Violations; penalty; liability to property owner.

Any person violating sections 37-516 to 37-519 shall be guilty of a Class III misdemeanor. In addition, any person who damages crops, fields, livestock, fences, gates, timber, water, or any other property by the use of any aircraft, vessel, vehicle, snowmobile, or other conveyance shall be liable to the property owner.

Source:Laws 1978, LB 828, § 6; Laws 1995, LB 274, § 7; R.S.Supp.,1996, § 37-533; Laws 1998, LB 922, § 241.


37-522. Shotgun on highway; restrictions; violation; penalty.

It shall be unlawful to have or carry, except as permitted by law, any shotgun having shells in either the chamber, receiver, or magazine in or on any vehicle on any highway. Any person violating this section shall be guilty of a Class III misdemeanor and shall be fined at least fifty dollars.

Source:Laws 1998, LB 922, § 242.


37-523. Wild mammal or wild bird; hunt or trap; unlawful in certain areas; violation; penalty.

(1) It shall be unlawful to hunt with a rifle within a two-hundred-yard radius of an inhabited dwelling or livestock feedlot, to hunt without a rifle or trap any form of wild mammal or wild bird within a one-hundred-yard radius of an inhabited dwelling or livestock feedlot, or to trap within a two-hundred-yard radius of any passage used by livestock to pass under any highway, road, or bridge.

(2) This section shall not prohibit any owner, tenant, or operator or his or her guests from hunting or trapping any form of wild mammal or wild bird within such radius if the area is under his or her ownership or control. This section shall not prohibit duly authorized personnel of any county, city, or village health or animal control department from trapping with a humane live box trap or pursuing any form of wild mammal or wild bird, when conducting such activities within the scope of the authorization, within such radius if the area is under the jurisdiction of the county, city, or village.

(3) Any person violating this section shall be guilty of a Class III misdemeanor and shall be fined at least one hundred dollars upon conviction.

Source:Laws 1967, c. 214, § 1, p. 575; Laws 1974, LB 779, § 2; Laws 1983, LB 24, § 1; R.S.1943, (1993), § 37-526; Laws 1998, LB 922, § 243; Laws 2009, LB105, § 32;    Laws 2010, LB836, § 3.    


37-524. Aquatic invasive species; wild or nonnative animals; importation, possession, or release; prohibition; violation; penalty.

(1) It shall be unlawful for any person, partnership, limited liability company, association, or corporation to import into the state or possess aquatic invasive species, the animal known as the San Juan rabbit, or any other species of wild vertebrate animal, including domesticated cervine animals as defined in section 54-701.03, declared by the commission following public hearing and consultation with the Department of Agriculture to constitute a serious threat to economic or ecologic conditions, except that the commission may authorize by specific written permit the acquisition and possession of such species for educational or scientific purposes. It shall also be unlawful to release to the wild any nonnative bird or nonnative mammal without written authorization from the commission. Any person, partnership, limited liability company, association, or corporation violating the provisions of this subsection shall be guilty of a Class IV misdemeanor.

(2) Following public hearing and consultation with the Department of Agriculture, the commission may, by rule and regulation, regulate or limit the importation and possession of any aquatic invasive species or wild vertebrate animal, including a domesticated cervine animal as defined in section 54-701.03, which is found to constitute a serious threat to economic or ecologic conditions.

Source:Laws 1957, c. 139, § 20, p. 474; Laws 1967, c. 222, § 1, p. 597; Laws 1973, LB 331, § 7; Laws 1977, LB 40, § 205; Laws 1993, LB 121, § 203; Laws 1993, LB 830, § 9; Laws 1995, LB 718, § 5; R.S.Supp.,1996, § 37-719; Laws 1998, LB 922, § 244; Laws 2012, LB391, § 8.    


Cross References

37-524.01. Wild pigs; animals of the Families Tayassuidae and Suidae; prohibited acts; destruction; when; penalty.

(1) It shall be illegal to knowingly engage in, sponsor, instigate, assist, or profit from the release, killing, wounding, or attempted killing or wounding of animals of the Families Tayassuidae and Suidae for the purpose of sport, pleasure, amusement, or production of a trophy. The commission shall destroy any feral swine and may authorize any agents, including landowners, to destroy and dispose of any feral swine.

(2) For purposes of this section, feral swine means swine whose reversion from the domesticated state to a wild state is apparent or an otherwise freely roaming swine having no visible tags, marking, or characteristics indicating that it is from a domestic herd, and reasonable inquiry within the area does not identify an owner.

(3) Any person violating subsection (1) of this section is guilty of a Class II misdemeanor.

Source:Laws 2003, LB 305, § 19;    Laws 2005, LB 20, § 1.    


37-524.02. Aquatic invasive species; prohibited acts; penalty; impoundment of conveyance.

(1) No person shall possess, import, export, purchase, sell, or transport aquatic invasive species except when authorized commission personnel or the owner of a conveyance, or a person authorized by such owner, is removing an aquatic invasive species from a conveyance to be killed or immediately disposed of in a manner determined by the commission. The commission shall adopt and promulgate rules and regulations governing the inspection, decontamination, and treatment of conveyances capable of containing or transporting aquatic invasive species.

(2) Any person who (a) fails or refuses to submit to an inspection of a conveyance requested by an authorized inspector or (b) refuses to permit or prevents proper decontamination or treatment of a conveyance as prescribed by the authorized inspector is guilty of a Class III misdemeanor and upon conviction shall be fined not less than five hundred dollars. Such person's conveyance shall also be subject to impoundment.

Source:Laws 2012, LB391, § 6.    


37-524.03. Aquatic invasive species; rules and regulations.

The commission shall adopt and promulgate rules and regulations to carry out section 37-524.02.

Source:Laws 2012, LB391, § 7.    


37-525. Training or running of bird dogs or hunting dogs; regulation; violation; penalty.

(1) Except as provided in section 37-483 and rules and regulations established by the commission, it shall be unlawful for any person to take game birds or game animals during any closed season while training or running a dog.

(2) The commission shall adopt and promulgate rules and regulations which regulate taking game birds or game animals for the purpose of training bird or hunting dogs on public and private land, the licensing of dog training areas, and the administration of novice hunter education activities in which game birds or game animals may be taken. Such rules and regulations may limit dog training to noncommercial activities and shall include, but not be limited to, the following: Administration of a novice hunter education program and the issuance of a permit to conduct such a program, limitations on dog training activities, requirements for dog training areas, possession requirements, open areas, seasons, methods, time periods in which taking is authorized, species to be taken, and requirements for dog trials as specified in section 37-412.

(3) No dog shall be run upon private property under this section at any time without the express permission of the landowner or tenant.

(4) Any person violating this section shall be guilty of a Class III misdemeanor and shall be fined at least fifty dollars.

Source:Laws 1929, c. 112, V, § 13, p. 430; C.S.1929, § 37-513; Laws 1937, c. 89, § 14, p. 298; C.S.Supp.,1941, § 37-513; R.S.1943, § 37-513; Laws 1945, c. 78, § 7, p. 292; Laws 1955, c. 135, § 1, p. 386; Laws 1969, c. 295, § 1, p. 1068; Laws 1972, LB 1447, § 3; R.S.1943, (1993), § 37-513; Laws 1998, LB 922, § 245; Laws 1999, LB 176, § 71;    Laws 2002, LB 1003, § 27.    


37-526. Ferrets; use or possession prohibited, when; violation; penalty.

It shall be unlawful (1) to hunt rabbits, squirrels, or any fur-bearing animal with or by the aid of a ferret, (2) to place a ferret in any hole or opening in the ground or in any stone, wall, log, or hollow tree where rabbits, squirrels, or any fur-bearing animals may be found or thought to be, or (3) to have a ferret in one's possession or control in a field or forest or in any vehicle going to or from hunting territory. Any person violating this section shall be guilty of a Class III misdemeanor and shall be fined at least fifty dollars.

Source:Laws 1929, c. 112, V, § 12, p. 430; C.S.1929, § 37-512; R.S.1943, § 37-512; R.S.1943, (1993), § 37-512; Laws 1998, LB 922, § 246.


37-527. Hunter orange display required; exception; violation; penalty.

(1) For purposes of this section, hunter orange means a daylight fluorescent orange color with a dominant wave length between five hundred ninety-five and six hundred five nanometers, an excitation purity of not less than eighty-five percent, and a luminance factor of not less than forty percent.

(2) Any person hunting deer, antelope, wild turkey, elk, or mountain sheep during an authorized firearm season in this state shall display on his or her head, chest, and back a total of not less than four hundred square inches of hunter orange material except as exempted by rules and regulations of the commission.

(3) Any person who violates this section shall be guilty of a Class V misdemeanor.

(4) This section shall not apply to archery hunters hunting during a non-center-fire firearm season or in a management unit where a current center-fire firearm season is not open. The commission may adopt and promulgate rules and regulations allowing additional exceptions.

Source:Laws 1972, LB 1216, § 1; R.S.1943, (1993), § 37-215.05; Laws 1998, LB 922, § 247; Laws 1999, LB 176, § 72;    Laws 2007, LB299, § 14.    


37-528. Administration of drugs to wildlife; prohibited acts; violation; penalty; section, how construed; powers of conservation officer.

(1) For purposes of this section, drug means any chemical substance, other than food, that affects the structure or biological function of any wildlife under the jurisdiction of the commission.

(2) Except with written authorization from the secretary of the commission or his or her designee or as otherwise provided by law, a person shall not administer a drug to any wildlife under the jurisdiction of the commission, including, but not limited to, a drug used for fertility control, disease prevention or treatment, immobilization, or growth stimulation.

(3) This section does not prohibit the treatment of wildlife to prevent disease or the treatment of sick or injured wildlife by a licensed veterinarian, a holder of a federal migrating bird rehabilitation permit, a holder of a permit regulated under the authority of section 37-316, a holder of a permit regulated under the authority of section 37-4,106, or a holder of a license regulated under the authority of section 37-4,108.

(4) This section shall not be construed to limit employees of agencies of the state or the United States or employees of an animal control facility, animal rescue, or animal shelter licensed under section 54-627 in the performance of their official duties related to public health or safety, wildlife management, or wildlife removal, except that a drug shall not be administered by any person for fertility control or growth stimulation except as provided in subsection (2) of this section.

(5) A conservation officer may take possession or dispose of any wildlife under the jurisdiction of the commission that the officer reasonably believes has been administered a drug in violation of this section.

(6) A person who violates this section is guilty of a Class IV misdemeanor.

Source:Laws 2009, LB105, § 33;    Laws 2010, LB910, § 2.    


37-529. Permit to kill deer, antelope, or elk; tagging and storage.

The commission shall provide by regulations for the tagging and storage of the carcasses of deer, antelope, or elk after the close of any such limited season in accordance with section 37-508.

Source:Laws 1945, c. 85, § 2, p. 305; Laws 1953, c. 124, § 3, p. 390; Laws 1985, LB 557, § 8; R.S.1943, (1993), § 37-216; Laws 1998, LB 922, § 249.


37-530. Wildlife species accidentally killed; disposal authorized.

Any wildlife species as designated by the commission accidentally killed by a motor vehicle on a public highway in this state, unless seized and confiscated pursuant to sections 37-619 to 37-621, shall, when salvageable, be disposed of as determined by the commission or its designee.

Source:Laws 1983, LB 34, § 1; R.S.1943, (1993), § 37-310; Laws 1998, LB 922, § 250; Laws 2004, LB 1149, § 2.    


37-531. Wild animals; explosive traps; poison gas; unlawful use; penalty.

Except as provided in section 37-561, it shall be unlawful to set or place any explosive trap or device, operated by the use of poison gas or by the explosion of gunpowder or other explosives, for the purpose of taking, stunning, or destroying wild animals. Any person who sets or places any such trap or device, except as is permitted in such section, shall be guilty of a Class III misdemeanor.

Source:Laws 1945, c. 83, § 1, p. 302; Laws 1977, LB 40, § 196; R.S.1943, (1993), § 37-523; Laws 1998, LB 922, § 251.


37-532. Traps; requirements; violation; penalty.

It shall be unlawful for any person to set any trap in this state unless the trap is marked in accordance with rules and regulations adopted and promulgated by the commission. Violation of this section shall be a Class III misdemeanor.

Source:Laws 1995, LB 274, § 8; R.S.Supp.,1996, § 37-511.01; Laws 1998, LB 922, § 252.


37-533. Offenses relating to fur-bearing animals; violation; penalty.

It shall be unlawful (1) to mutilate or destroy the house or den of any fur-bearing animal except where such house or den obstructs a public or private ditch or watercourse, (2) to cut down or into any tree containing the den or nest of any fur-bearing animal for the purpose of harvesting such animal, (3) to use spears or any like device in hunting any fur-bearing animal, or (4) to use explosives, chemicals, or smokers of any kind to drive any fur-bearing animal out of a hole, den, or house. Any person violating this section shall be guilty of a Class III misdemeanor and shall be fined at least fifty dollars.

Source:Laws 1929, c. 112, V, § 11, p. 429; C.S.1929, § 37-511; Laws 1937, c. 89, § 13, p. 298; C.S.Supp.,1941, § 37-511; R.S.1943, § 37-511; Laws 1994, LB 1165, § 12; R.S.Supp.,1996, § 37-511; Laws 1998, LB 922, § 253.


37-534. Wild turkeys; tagging and storage of carcasses; regulations.

The commission shall adopt and promulgate rules and regulations for the tagging and storage of the carcasses of wild turkeys after the close of any such limited season in accordance with section 37-508.

Source:Laws 1961, c. 172, § 2, p. 513; R.S.1943, (1993), § 37-228; Laws 1998, LB 922, § 254.


37-535. Hunting game from aircraft or watercraft; prohibited acts; penalty.

It shall be unlawful to hunt any game from any boat or watercraft while being propelled by sails or electric, gas, or steam power or from any aircraft or hydroplane. Any person violating this section shall be guilty of a Class III misdemeanor and shall be fined at least fifty dollars.

Source:Laws 1998, LB 922, § 255.


37-536. Game birds; prohibited acts; violation; penalty.

It shall be unlawful to use any club, rifle, pistol, revolver, swivel gun, or shotgun larger than ten gauge in hunting any game birds or to trap, snare, net, or attempt to trap, snare, or net any game birds except as otherwise provided in section 37-483. Any person violating this section shall be guilty of a Class III misdemeanor and shall be fined at least fifty dollars.

Source:Laws 1998, LB 922, § 256; Laws 1999, LB 176, § 73.    


37-537. Baiting prohibited; violation; penalty.

It shall be unlawful to hunt any game birds by attracting them to the place where hunted by the distribution of grain or other feed, commonly called baiting. Any person violating this section shall be guilty of a Class III misdemeanor and shall be fined at least fifty dollars.

Source:Laws 1998, LB 922, § 257.


37-538. Hunting game birds from vehicle; violation; penalty.

Except as provided in section 37-420 and except for a disabled person holding a special permit to hunt and fish from a vehicle issued under section 37-421, it shall be unlawful to hunt any game birds from a vehicle of any kind. Any person violating this section shall be guilty of a Class III misdemeanor and shall be fined at least fifty dollars.

Source:Laws 1998, LB 922, § 258; Laws 2005, LB 162, § 20.    


37-539. Game bird nests or eggs; prohibited acts; violation; penalty.

It shall be unlawful to take or needlessly destroy the nests or eggs of any game birds. Any person violating this section shall be guilty of a Class III misdemeanor and shall be fined at least fifty dollars.

Source:Laws 1998, LB 922, § 259.


37-540. Protected birds; nest or eggs; prohibited acts.

It shall be unlawful (1) for any person to hunt or have in his or her possession, living or dead, any protected bird or part of any such bird or (2) for any person to take or needlessly destroy the nests or eggs of any protected birds or to have in his or her possession the nests or eggs of such birds.

This section shall not be construed to apply to the possession of species lawfully acquired prior to the effective date of protection of a given species or to prohibit importation into the state of species which may be otherwise lawfully imported into the state or the United States or lawfully taken, acquired, or removed from another state if the person engaging therein demonstrates by substantial proof that such species was lawfully taken or removed from such state.

Source:Laws 1929, c. 112, III, § 8, p. 419; C.S.1929, § 37-308; Laws 1937, c. 89, § 9, p. 295; C.S.Supp.,1941, § 37-308; R.S.1943, § 37-307; Laws 1953, c. 123, § 2, p. 387; Laws 1957, c. 144, § 1, p. 480; Laws 1971, LB 183, § 1; Laws 1973, LB 331, § 5; Laws 1975, LB 142, § 2; Laws 1989, LB 34, § 17; R.S.1943, (1993), § 37-307; Laws 1998, LB 922, § 260; Laws 1999, LB 176, § 74.    


37-541. Homing pigeon; protection; violation; penalty.

Any person, other than the owner thereof, who shall knowingly shoot, kill, maim, or injure any Antwerp or homing pigeon, commonly called Carrier Pigeon, or who shall entrap, catch, detain, or remove any mark, band, or other means of identification from such pigeon, shall be guilty of a Class V misdemeanor.

Source:Laws 1971, LB 811, § 1; Laws 1977, LB 40, § 183; R.S.1943, (1993), § 37-309; Laws 1998, LB 922, § 261.


37-542. Fish unlawfully taken; duty of angler.

All fish which cannot lawfully be taken shall be returned to the water at once with as little injury as possible, if taken, and before removing or attempting to remove such fish from the hook it shall be the duty of the angler to first wet his or her hands.

Source:Laws 1929, c. 112, III, § 3, p. 415; C.S.1929, § 37-303; Laws 1937, c. 89, § 6, p. 294; C.S.Supp.,1941, § 37-303; R.S.1943, § 37-302; R.S.1943, (1993), § 37-302; Laws 1998, LB 922, § 262.


37-543. Offenses relating to fish; exceptions; rules and regulations; commission orders; violation; penalty.

(1) It shall be unlawful for any person to take any fish, except as provided in this section, by means other than fishing with hook and line.

(2) It shall be unlawful for any person to use, while fishing in this state in any lake, pond, or reservoir or in their inlets, outlets, and canals within one-half mile of such lake, pond, or reservoir, more than two lines, and neither line shall have more than two hooks. This subsection shall not apply to ice fishing.

(3) It shall be unlawful for any person to take any fish by snagging fish externally by hook and line, except in the Missouri River, as provided by rules and regulations of the commission.

(4) It shall be unlawful for any person to use, while fishing in any waters in this state, a line having more than five hooks thereon or lines having more than fifteen hooks in the aggregate. One hook means a single, double, or treble pointed hook, and all hooks attached as a part of an artificial bait or lure shall be counted as one hook.

(5) Nongame fish may be taken by spearing or by bow and arrow as provided by rules and regulations of the commission.

(6) Sport fish may be taken by bow and arrow as provided by rules and regulations of the commission.

(7) The commission may adopt and promulgate rules and regulations to allow, control, regulate, or prohibit the use of seines, nets, and other devices and methods in the taking of fish. The commission may adopt and promulgate rules and regulations as to the method of taking, possession, transporting, or selling and pass commission orders regarding bag limits and size limits of all species of fish.

(8) Any person violating this section shall be guilty of a Class III misdemeanor and shall be fined at least fifty dollars.

Source:Laws 1929, c. 112, V, § 2, p. 426; C.S.1929, § 37-502; Laws 1931, c. 72, § 1, p. 193; Laws 1939, c. 40, § 1, p. 197; Laws 1941, c. 72, § 7, p. 304; C.S.Supp.,1941, § 37-502; R.S.1943, § 37-502; Laws 1945, c. 80, § 1, p. 298; Laws 1955, c. 134, § 1, p. 384; Laws 1957, c. 147, § 1, p. 484; Laws 1959, c. 159, § 1, p. 590; Laws 1961, c. 169, § 6, p. 504; Laws 1963, c. 205, § 1, p. 658; Laws 1963, c. 206, § 1, p. 661; Laws 1965, c. 204, § 1, p. 608; Laws 1967, c. 216, § 9, p. 585; Laws 1975, LB 489, § 3; Laws 1981, LB 73, § 1; Laws 1993, LB 235, § 22; R.S.1943, (1993), § 37-502; Laws 1998, LB 922, § 263; Laws 1999, LB 176, § 75;    Laws 2001, LB 130, § 3;    Laws 2013, LB499, § 13.    


Annotations

37-544. Spear fishing; commission; powers.

The commission may adopt and promulgate rules and regulations to open specified waters to underwater, powered spear fishing and limit or control such powered spear fishing.

Source:Laws 1998, LB 922, § 264.


37-545. Fish; privately owned pond; removal by owner; commercial fishing permits; violation; penalty.

When authorized by the commission and when necessary for proper fish management, the owner of any privately owned pond may remove fish therefrom by methods other than hook and line and in any quantity. The commission shall adopt and promulgate rules and regulations which authorize the use of commercial fishing permits, equipment, and methods authorized in sections 37-4,104 and 37-543. Nongame fish and bullheads seined or taken pursuant to this section may be sold by the commercial fishing permitholder. Such sale of bullheads shall not be deemed a violation of section 37-505. The removal of fish in accordance with this section shall not be deemed a violation of section 37-507, 37-543, or 37-556, except that the owner of a privately owned pond which is privately stocked and which does not connect by inflow or outflow with other water outside such land shall be exempt from any regulation or control.

Any person violating this section shall be guilty of a Class III misdemeanor and shall be fined at least fifty dollars.

Source:Laws 1961, c. 174, § 6, p. 521; Laws 1987, LB 629, § 1; Laws 1989, LB 166, § 1; R.S.1943, (1993), § 37-503.05; Laws 1998, LB 922, § 265; Laws 1999, LB 176, § 76.    


37-546. Offenses relating to baitfish; violation; penalty.

(1) It shall be unlawful (a) to take baitfish except for use as bait or (b) for any person except an aquaculturist or bait dealer to buy, sell, barter, offer to buy, sell, or barter, or have in his or her possession baitfish for any purpose whatsoever except for use as bait. No baitfish shall be taken from reservoirs, lakes, or bayous except as provided in rules and regulations of the commission.

(2) The commission may adopt and promulgate rules and regulations and pass commission orders pursuant to section 37-314 pertaining to the taking, transportation, possession, buying, selling, and bartering of baitfish.

(3) Any person violating this section or the rules and regulations adopted and promulgated or commission orders passed under this section shall be guilty of a Class III misdemeanor and shall be fined at least fifty dollars.

Source:Laws 1929, c. 112, V, § 3, p. 426; C.S.1929, § 37-503; Laws 1943, c. 94, § 12, p. 330; R.S.1943, § 37-503; Laws 1957, c. 148, § 1, p. 486; Laws 1961, c. 174, § 1, p. 516; Laws 1967, c. 216, § 10, p. 586; Laws 1973, LB 331, § 6; Laws 1981, LB 73, § 2; Laws 1993, LB 235, § 23; Laws 1994, LB 1165, § 9; Laws 1997, LB 752, § 89; R.S.Supp.,1997, § 37-503; Laws 1998, LB 922, § 266; Laws 1999, LB 176, § 77;    Laws 2013, LB499, § 14.    


37-547. Aquatic invasive species; wildlife; legislative intent.

It is the intent of the Legislature to prevent the release or importation into the State of Nebraska of any aquatic invasive species or any live wildlife which may cause economic or ecologic harm or be injurious to human beings, agriculture, horticulture, forestry, water, or wildlife or wildlife resources of the state. It is further the intent of the Legislature to prevent the commercial exploitation or exportation of any aquatic invasive species or any dead or live wildlife taken from the wild.

Source:Laws 1993, LB 830, § 10; R.S.1943, (1993), § 37-535; Laws 1998, LB 922, § 267; Laws 1999, LB 176, § 78;    Laws 2012, LB391, § 9.    


37-548. Aquatic invasive species; wildlife; prohibited acts; violation; penalty; release, importation, commercial exploitation, and exportation permits; fees; commission; powers and duties.

(1) It shall be unlawful for any person to import into the state or release to the wild any aquatic invasive species or any live wildlife including the viable gametes, eggs or sperm, except those which are approved by rules and regulations of the commission or as otherwise provided in the Game Law. It shall be unlawful to commercially exploit or export from the state any aquatic invasive species or dead or live wildlife taken from the wild except those which are exempted by rules and regulations of the commission. Any person violating this subsection shall be guilty of a Class III misdemeanor.

(2) The commission shall adopt and promulgate rules and regulations to carry out subsection (1) of this section. In adopting such rules and regulations, the commission shall be governed by the Administrative Procedure Act. Such rules and regulations shall include a listing of (a) the aquatic invasive species or wildlife which may be released or imported into the state and (b) the aquatic invasive species or wildlife taken from the wild which may be commercially exploited or exported from the state. The rules and regulations for release, importation, commercial exploitation, and exportation of species other than commercial fish and bait fish shall include, but not be limited to, requirements for annual permits for release or importation or for commercial exploitation or exportation, permit fees, the number of individual animals of a particular species that may be released, imported, collected, or exported under a permit, and the manner and location of release or collection of a particular species. The rules and regulations may be amended, modified, or repealed from time to time, based upon investigation and the best available scientific, commercial, or other reliable data.

(3) The commission shall establish permit fees as required by subsection (2) of this section to cover the cost of permit processing and enforcement of the permits and research into and management of the ecological effects of release, importation, commercial exploitation, and exportation. The commission shall remit the fees to the State Treasurer for credit to the Wildlife Conservation Fund.

(4) The commission may determine that the release, importation, commercial exploitation, or exportation of aquatic invasive species or wildlife causes economic or ecologic harm by utilizing the best available scientific, commercial, and other reliable data after consultation, as appropriate, with federal agencies, other interested state and county agencies, and interested persons and organizations.

(5) The commission shall, upon its own recommendation or upon the petition of any person who presents to the commission substantial evidence as to whether such additional species will or will not cause ecologic or economic harm, conduct a review of any listed or unlisted species proposed to be removed from or added to the list published pursuant to subdivision (2)(a) of this section. The review shall be conducted pursuant to subsection (4) of this section.

(6) The commission shall, upon its own recommendation or upon the petition of any person who presents to the commission substantial evidence that commercial exploitation or exportation will cause ecologic or economic harm or significant impact to an aquatic or wildlife population, conduct a review of any listed or unlisted species proposed to be added to or removed from the list published pursuant to subdivision (2)(b) of this section. The review shall be conducted pursuant to subsection (4) of this section.

Source:Laws 1993, LB 830, § 11; R.S.1943, (1993), § 37-536; Laws 1998, LB 922, § 268; Laws 1999, LB 176, § 79;    Laws 2007, LB299, § 15;    Laws 2012, LB391, § 10.    


Cross References

37-549. Fish, mollusks, reptiles, crustaceans, and amphibians; permitted acts.

Subsection (1) of section 37-548 shall not apply to:

(1) The importation by a person engaged in the business of buying for the purpose of selling, canning, preserving, processing, or handling for shipments or sale for immediate or future consumption fish, oysters, clams, crabs, shrimp, prawns, lobsters, or other commercial edible aquatic products;

(2) The buying, selling, bartering, importing, exporting, or otherwise disposing of any wildlife produced at any municipal, state, or federal museum, zoo, park, refuge, or wildlife area; and

(3) The importation of fish, mollusks, reptiles, crustaceans, and amphibians intended for exhibition, aquarium, or other totally contained purposes.

This section shall not be construed to allow the importation or possession of a species otherwise protected or regulated by the Game Law.

Source:Laws 1993, LB 830, § 12; R.S.1943, (1993), § 37-537; Laws 1998, LB 922, § 269; Laws 1999, LB 176, § 80.    


37-550. Wildlife; shipment in interstate commerce; when permitted.

Nothing in section 37-548 shall be construed to prevent the continuous shipment in interstate commerce of legally possessed live wildlife species or eggs of such species for breeding or stocking purposes when such shipment legally originates outside of this state and legally terminates outside of this state.

Source:Laws 1993, LB 830, § 13; R.S.1943, (1993), § 37-538; Laws 1998, LB 922, § 270; Laws 1999, LB 176, § 81.    


37-551. Fish protection; irrigation waters; screens; duty of commission.

For the purpose of protecting the game fish in the streams or rivers and reservoirs of this state whose waters are used for purposes of irrigation, the commission may provide and cause to be placed and maintained, at the mouth of every irrigation ditch designated by it and which opens into such stream or river or reservoir containing trout, bass, crappie, and pickerel in this state, a workable woven wire fish screen having a mesh no larger than one inch.

Source:Laws 1929, c. 112, IV, § 7, p. 423; C.S.1929, § 37-407; R.S.1943, § 37-407; R.S.1943, (1993), § 37-407; Laws 1998, LB 922, § 271.


37-552. Fish screens; notice; construction; cost; neglect; liability; liquidated damages; penalty.

The commission, upon ascertaining what ditch or ditches are practicable to be screened, shall give notice in writing to the person, firm, or corporation owning, operating, or controlling such ditch or ditches. The notice shall set forth the size of the woven screen necessary to be set in place at the mouth of the ditch or ditches. The mesh of such screen shall be no larger than one inch and shall be so placed and maintained at the mouth of each irrigation ditch designated by the commission as to prevent the passage of fish therein except such as may pass through the meshes of the screen. The screens shall be provided by the commission at cost to the person, firm, or corporation owning, operating, or controlling the ditch or ditches to be screened. For each day's failure to keep such screen in repair and for each day's neglect after the twentieth day to comply with the written notice, the commission may recover the sum of five dollars per day as liquidated damages for the loss to the state on account of the fish thereby lost or destroyed, and the offending party shall further be guilty of a Class III misdemeanor.

Source:Laws 1929, c. 112, IV, § 8, p. 424; C.S.1929, § 37-408; R.S.1943, § 37-408; Laws 1989, LB 34, § 22; R.S.1943, (1993), § 37-408; Laws 1998, LB 922, § 272.


37-553. Fishway through dam; obligation of owner; commission; powers and duties; violation; penalty.

(1) It shall be the duty of every person who owns or controls any dam or other obstruction across any watercourse within the jurisdiction of the state, where such impounded water is returned to the bed of the stream, to make such provision as may be necessary to ensure that sufficient water is returned at all times to the bed of the stream or river below such dam or obstruction as to preserve fish life in such stream. This section shall not apply under conditions of unusual circumstances resulting from natural causes which make the fulfillment impracticable. Every person owning or controlling such dam shall open and close gates or locks at a rate slow enough to protect the water below from a sudden flushing or sudden decrease in water flow which would be detrimental to the fish and their habitat.

(2) The commission shall have supervision over the enforcement of this section and shall investigate all complaints made under this section.

(3) Any person, firm, or corporation violating this section shall be guilty of a Class V misdemeanor.

Source:Laws 1929, c. 112, IV, § 6, p. 423; C.S.1929, § 37-406; Laws 1941, c. 72, § 11, p. 306; C.S.Supp.,1941, § 37-406; Laws 1943, c. 93, § 1(1), p. 320; R.S.1943, § 37-406; R.S.1943, (1993), § 37-406; Laws 1998, LB 922, § 273.


37-554. Explosives or poison; use in waters prohibited; penalties; exceptions; permit.

(1) Any person who (a) explodes, causes to be exploded, or aids or abets in the explosion of any dynamite, giant powder, bomb, or other explosive in any lake, river, stream, pond, bay, bayou, or other waters in this state with the intent thereby to stun, take, or possess any fish therein, (b) places or aids or abets in placing any bomb or explosive in any waters of this state for the purpose of exploding the same with such intent, or (c) places or aids or abets in placing lime or other poisonous or noxious substance in any of the waters of this state with such intent, shall be guilty of a Class IV felony. This subsection shall not prohibit the commission from using or authorizing the use by written agreement of chemicals and other substances for fish management purposes.

(2) It shall be unlawful to explode or cause to be exploded for any purpose any giant powder, dynamite, or other explosives in any lake, river, stream, pond, bay, bayou, or other waters of this state without first obtaining from the commission an order permitting it to be done, except that this shall not apply when, to safeguard public or private property from damage by ice gorges, immediate use of explosives is necessitated. Whenever, in the course of removing any obstruction in any waters within this state or in constructing any foundation for dams, bridges, or other structures, any person desires to explode any giant powder, dynamite, or other explosive in any such waters, he or she shall, before doing so, file a verified application with the commission setting forth his or her plans and objects, the time or times when he or she desires to use the explosive, and the necessity for using it. If it reasonably appears that the use of explosives in such waters is necessary to the advancement of a useful work or project, the commission shall grant leave for the use thereof, designating the place or places and period within which the explosives may be used and prescribing such precautions as will save the fish from injury. If any such person disregards such order, he or she shall be deemed to have violated this subsection. Any person, association, or corporation guilty of violating this subsection shall be guilty of a Class II misdemeanor, and every day that any such unlawful act continues or is permitted to continue shall constitute a separate offense and be punishable as such.

Source:Laws 1929, c. 112, V, § 15, p. 431; C.S.1929, § 37-515; R.S.1943, § 37-515; Laws 1955, c. 136, § 1, p. 387; Laws 1967, c. 216, § 14, p. 588; Laws 1993, LB 31, § 15; R.S.1943, (1993), § 37-515; Laws 1998, LB 922, § 274.


37-555. Waters of state; pollution prohibited; violation; penalty.

It shall be unlawful for any person, association, or corporation to dump or drain any refuse from any factory, slaughterhouse, gas plant, garage, repair shop, or other place whatsoever or any refuse, junk, dross, litter, trash, lumber, or leavings into or near any of the waters of this state or into any bayou, drain, ditch, or sewer which discharges such refuse or any part thereof into any of the waters of this state. It shall be unlawful to place, leave, or permit to escape any such refuse in such manner that it or any part of it is through the action of the elements or otherwise carried into any of the waters of this state. For purposes of this section, refuse means and includes oils, tars, creosote, blood, offal, decayed matter, and all other substances which are injurious to aquatic life.

Any person, association, or corporation violating this section shall, upon conviction thereof, be guilty of a Class II misdemeanor, and every day that any such unlawful act continues or is permitted to continue shall constitute a separate offense and be punishable as such.

Source:Laws 1929, c. 112, V, § 16, p. 432; C.S.1929, § 37-516; Laws 1931, c. 73, § 1, p. 196; C.S.Supp.,1941, § 37-516; R.S.1943, § 37-516; Laws 1965, c. 205, § 1, p. 610; Laws 1977, LB 40, § 191; Laws 1989, LB 34, § 34; R.S.1943, (1993), § 37-516; Laws 1998, LB 922, § 275.


Annotations

37-556. Waters of state; pollution; carcasses; prohibitions; penalty.

It shall be unlawful for any person to place the carcass of any dead animal, fish, or bird in or near any of the waters of this state or leave such carcass where the whole or any part thereof may be washed or carried into any of the waters of this state. Any person guilty of violating this section shall be guilty of a Class II misdemeanor, and every day that any such unlawful act continues or is permitted to continue shall constitute a separate offense and be punishable as such.

Source:Laws 1929, c. 112, V, § 17, p. 432; C.S.1929, § 37-517; R.S.1943, § 37-517; Laws 1977, LB 40, § 192; R.S.1943, (1993), § 37-517; Laws 1998, LB 922, § 276; Laws 1999, LB 176, § 82.    


37-557. Hatching boxes and nursery ponds; disturbing prohibited; exception; violation; penalty.

It shall be unlawful for any person or persons to injure, disturb, or destroy any hatching box, hatching house, or nursery pond used for hatching or propagating fish or to injure, disturb, or destroy any spawn or fry, or fish in any hatching box, hatching house, nursery pond, or stream. The commission may take or cause to be taken any of the fish named in this section for the purpose of propagation or stocking the waters of this state. Any person violating any provision of this section shall be guilty of a Class III misdemeanor.

Source:Laws 1929, c. 112, V, § 18, p. 432; C.S.1929, § 37-518; R.S.1943, § 37-518; Laws 1977, LB 40, § 193; R.S.1943, (1993), § 37-518; Laws 1998, LB 922, § 277.


37-558. Draining harmful matter into waters stocked by commission prohibited; penalty.

It shall be unlawful for any person, association, or corporation to place, run, or drain any matter harmful to fish into any of the waters of this state that have been stocked by the commission. Any person violating this section shall be guilty of a Class IV misdemeanor.

Source:Laws 1937, c. 89, § 19, p. 301; C.S.Supp.,1941, § 37-517; R.S.1943, § 37-520; Laws 1977, LB 40, § 195; R.S.1943, (1993), § 37-520; Laws 1998, LB 922, § 278.


37-559. Destruction of predators; permit required; when; mountain lion; actions authorized.

(1) Any farmer or rancher owning or operating a farm or ranch may destroy or have destroyed any predator preying on livestock or poultry or causing other agricultural depredation on land owned or controlled by him or her without a permit issued by the commission. For purposes of this subsection, predator means a badger, bobcat, coyote, gray fox, long-tailed weasel, mink, opossum, raccoon, red fox, or skunk.

(2) Any farmer or rancher owning or operating a farm or ranch, or his or her agent, may kill a mountain lion immediately without prior notice to or permission from the commission if he or she encounters a mountain lion and the mountain lion is in the process of stalking, killing, or consuming livestock on the farmer's or rancher's property. The farmer or rancher or his or her agent shall be responsible for immediately notifying the commission and arranging with the commission to transfer the mountain lion to the commission.

(3) Any person shall be entitled to defend himself or herself or another person without penalty if, in the presence of such person, a mountain lion stalks, attacks, or shows unprovoked aggression toward such person or another person.

(4) This section shall not be construed to allow a farmer or rancher or his or her agent to destroy or have destroyed species which are protected by the Nongame and Endangered Species Conservation Act or rules and regulations adopted and promulgated under the act, the federal Endangered Species Act of 1973, as amended, 16 U.S.C. 1531 et seq., the federal Fish and Wildlife Coordination Act, as amended, 16 U.S.C. 661 et seq., the federal Bald and Golden Eagle Protection Act, as amended, 16 U.S.C. 668 et seq., the federal Migratory Bird Treaty Act, as amended, 16 U.S.C. 703 et seq., or federal regulations under such federal acts.

Source:Laws 1998, LB 922, § 279; Laws 2010, LB836, § 4.    


Cross References

37-560. Deer, antelope, or elk causing damage to property; removal; disposition of carcass.

The commission is authorized, when written request has been filed by the property owner, to remove by any means at any time any deer, antelope, or elk causing damage to real or personal property. If it is necessary to kill any such deer, antelope, or elk to remove the same, the carcass thereof shall first be offered for human consumption. If human consumption is not possible, such carcass may be sold or disposed of in any other manner. The commission may adopt and promulgate rules and regulations to carry out this section.

Source:Laws 1949, c. 103, § 1(2), p. 282; Laws 1953, c. 124, § 2, p. 390; Laws 1969, c. 293, § 1, p. 1066; Laws 1985, LB 557, § 3; Laws 1996, LB 1044, § 94; R.S.Supp.,1996, § 37-215.01; Laws 1998, LB 922, § 280; Laws 1999, LB 176, § 83;    Laws 2001, LB 130, § 4.    


37-561. Predatory animals; explosive traps; poison gas; lawful use; exceptions; posting of signs.

(1) It shall be lawful to use any device which (a) is operated by the explosion of small amounts of gunpowder or other explosives, (b) is designed to discharge poison into the mouth of a wolf, coyote, fox, wildcat, or other predatory animals upon the grabbing or seizing of the bait attached to such device by such predatory animals, (c) does not discharge any ball, slug, shot, or other missile, and (d) does not endanger the life and limb of any human being or animal, other than a predatory animal, during the legal trapping season for fur-bearing animals. Such device may be used at any time by any agency of the commission or of the federal government or by persons having the written permission of the commission. Such lawful device when used shall be set not less than two hundred yards from any federal, state, or approved county highway and not less than one thousand yards from any school or from any inhabited dwelling without written permission of the resident of the dwelling. Such device shall not be used on another person's property without the written permission of the owner or operator.

(2) It shall be unlawful to use any of such devices unless the user shall, in addition to the other requirements of this section, post the land upon which the devices are emplaced with signs at least eighteen inches square and with block letters at least two inches in height and displaying the words DANGER, CYANIDE GUNS IN USE or with the official signs furnished for such a purpose by the United States Department of Agriculture. Such signs shall be placed at all entrances to the area where such devices are set, and a post shall be set by each such device displaying at least two of such signs in a manner so that such signs are plainly legible from all directions.

Source:Laws 1945, c. 83, § 2, p. 302; Laws 1963, c. 207, § 1, p. 663; Laws 1967, c. 221, § 1, p. 596; R.S.1943, (1993), § 37-524; Laws 1998, LB 922, § 281.


37-562. Repealed. Laws 2011, LB 41, § 31.

37-563. Nuisance birds; commission; powers.

The commission may adopt, promulgate, and publish rules and regulations for the control of individual nuisance birds or populations of such birds to reduce or avert depredation upon ornamental or shade trees, agricultural crops, livestock, or wildlife or when concentrated in such numbers and manner as to constitute a health hazard or other nuisance. Such rules and regulations shall specify the species which may be controlled, the circumstances under which control is to be permitted, and the control methods which may be employed.

Source:Laws 1998, LB 922, § 283.


37-564. Interference with person hunting, trapping, or fishing.

(1) No person shall knowingly and intentionally interfere or attempt to interfere with another person who is not trespassing and who is lawfully hunting or trapping any game bird, game animal, fur-bearing animal, or other wild mammal or bird or engaged in activity associated with hunting or trapping.

(2) No person shall knowingly and intentionally interfere or attempt to interfere with another person who is not trespassing and who is lawfully fishing or engaged in activity associated with fishing.

(3) For purposes of this section, (a) activity associated with hunting, trapping, or fishing shall mean travel, camping, or other acts that are preparatory to or in conjunction with hunting, trapping, or fishing on lands or waters upon which hunting, trapping, or fishing may lawfully occur and that are done by a hunter, a trapper, or an angler or by a member of a hunting, trapping, or fishing party and (b) interfere shall mean (i) disturbing, scaring, chasing, or otherwise driving away by any means any game bird, game animal, fur-bearing animal, other wild mammal or bird, or game fish, but shall not include releasing a non-fur-bearing animal, except a coyote, from a trap, (ii) impeding or obstructing a person who is hunting, trapping, or fishing, (iii) impeding or obstructing a person who is engaged in an activity associated with hunting, trapping, or fishing, (iv) affecting the condition or location of personal property intended for use in hunting, trapping, or fishing, and (v) intentionally placing himself or herself into the line of fire for the purpose of interfering with lawful hunting or trapping.

Source:Laws 1995, LB 274, § 2; R.S.Supp.,1996, § 37-529.01; Laws 1998, LB 922, § 284.


37-565. Interference with person hunting, trapping, or fishing; injunction.

A court may enjoin conduct described in section 37-564 upon petition by a person affected or by a person who may reasonably be affected by such conduct upon a showing that such conduct is threatened or that it has occurred on a particular premises in the past and that it is not unreasonable to expect such conduct will be repeated.

Source:Laws 1995, LB 274, § 3; R.S.Supp.,1996, § 37-529.02; Laws 1998, LB 922, § 285.


37-566. Interference with person hunting, trapping, or fishing; affirmative defense.

It shall be an affirmative defense in any action brought for violation of section 37-564 that the person against whom such action is brought was not trespassing at the time of the alleged intentional interference or attempted interference and was engaged in a lawful activity in conflict with hunting, trapping, or fishing or activity associated with hunting, trapping, or fishing described in such section.

Source:Laws 1995, LB 274, § 4; R.S.Supp.,1996, § 37-529.03; Laws 1998, LB 922, § 286.


37-567. Interference with person hunting, trapping, or fishing; aiding or assisting prohibited.

It shall be unlawful for any person to aid or assist a person who is in violation of section 37-564.

Source:Laws 1998, LB 922, § 287.


37-568. Interference with person hunting, trapping, or fishing; prohibited acts.

It shall be unlawful for any person to use any aircraft, vessel, vehicle, snowmobile, or other conveyance, firearm, bow and arrow, projectile, device, radio, an electronic device, or other equipment in the commission of any of the acts prohibited under section 37-564 or 37-567.

Source:Laws 1998, LB 922, § 288.


37-569. Sections; how construed.

Nothing in sections 37-564 to 37-568 shall prohibit authorized personnel of the commission or the United States Department of the Interior in the administration and management of wildlife resources.

Source:Laws 1998, LB 922, § 289.


37-570. Interference with person hunting, trapping, or fishing; violation; penalty; use of aircraft, vessel, or vehicle; destruction of property; liability.

Any person violating section 37-564 shall be guilty of a Class III misdemeanor. In addition, any person who damages crops, fields, livestock, fences, gates, timber, water, or any other property by the use of any aircraft, vessel, vehicle, snowmobile, or other conveyance shall be liable to the property owner.

Source:Laws 1978, LB 828, § 7; R.S.1943, (1993), § 37-534; Laws 1998, LB 922, § 290.


37-571. Hunt through the Internet, defined.

For purposes of sections 37-571 to 37-573, hunt through the Internet means to hunt living wildlife in real time using Internet services to remotely control actual firearms and to remotely discharge live ammunition.

Source:Laws 2007, LB504, § 2.    


37-572. Hunt through the Internet; prohibited acts; confiscation and forfeiture of contraband.

(1) No person shall hunt through the Internet.

(2) No person shall host hunting through the Internet or otherwise enable another person to hunt through the Internet.

(3) Any conservation officer or any person specifically employed or designated by the United States Fish and Wildlife Service may offer to host or otherwise enable another person to hunt through the Internet for the sole purpose of obtaining evidence of a violation of this section.

(4) Any firearm, computer, equipment, appliance, or conveyance used in violation of this section is contraband and shall be confiscated and forfeited to the state upon seizure by law enforcement authorities.

Source:Laws 2007, LB504, § 3.    


37-573. Violations; penalty.

(1) Any person who violates subsection (1) of section 37-572 is guilty of a Class II misdemeanor, shall pay a fine of not less than two hundred fifty dollars for a first offense and not less than five hundred dollars for each subsequent offense, and shall not hunt, fish, or trap in this state for a period of not less than one year from the date of sentencing.

(2) Any person who violates subsection (2) of section 37-572 is guilty of a Class II misdemeanor and shall pay a fine of not less than two hundred fifty dollars for a first offense and not less than five hundred dollars for each subsequent offense. Each unlawful transaction, offer, or transfer of wildlife for any consideration, or possession of contraband described in section 37-572 with the intent to transact, offer, or transfer wildlife for any consideration in connection with hunting through the Internet is a separate offense. Any person who violates subsection (2) of section 37-572 shall not hunt, fish, or trap for a period of not less than one year from the date of sentencing.

Source:Laws 2007, LB504, § 4.    


37-601. Jurisdiction of courts; duty of prosecuting attorneys.

All prosecutions for violations of the Game Law shall be brought in the name of the State of Nebraska before any court having jurisdiction thereof. It shall be the duty of all prosecuting attorneys in their respective jurisdictions to prosecute all persons charged with violations of the Game Law.

Source:Laws 1929, c. 112, VI, § 1, p. 433; C.S.1929, § 37-601; R.S.1943, § 37-601; Laws 1972, LB 1032, § 228; R.S.1943, (1993), § 37-601; Laws 1998, LB 922, § 291; Laws 1999, LB 176, § 84.    


37-602. Prosecutions; when and where brought; limitation.

Prosecutions shall be brought before a court of competent jurisdiction in the county within which the offense was committed. If the offense charged is that of having sold, having transported, or having in possession game, wild mammals, wild birds, fish, or raw furs in violation of law, prosecutions may be brought in any county through which or into which any such game, wild mammals, wild birds, fish, or raw furs have been transported or brought. All prosecutions shall be commenced within eighteen months from the time the offense charged was committed.

Source:Laws 1929, c. 112, VI, § 2, p. 433; C.S.1929, § 37-602; R.S.1943, § 37-602; Laws 1972, LB 1032, § 229; R.S.1943, (1993), § 37-602; Laws 1998, LB 922, § 292; Laws 1999, LB 176, § 85.    


37-603. Conservation officers; powers.

All full-time conservation officers are hereby made peace officers of the state with the powers of sheriffs.

Source:Laws 1929, c. 112, VI, § 3, p. 433; C.S.1929, § 37-603; R.S.1943, § 37-603; Laws 1961, c. 175, § 1, p. 522; Laws 1961, c. 176, § 1, p. 526; Laws 1971, LB 315, § 1; Laws 1972, LB 1291, § 1; Laws 1981, LB 204, § 57; Laws 1988, LB 1030, § 36; Laws 1989, LB 34, § 35; R.S.1943, (1993), § 37-603; Laws 1998, LB 922, § 293.


37-604. Enforcement of Game Law; duties; fees and mileage.

It shall be the duty of all conservation officers, sheriffs, deputy sheriffs, and other peace officers to make prompt investigation of and arrests for any violations of the Game Law observed or reported by any person and to cause a complaint to be filed before a court having jurisdiction thereof in case there seems just ground for such complaint and evidence procurable to support the same. Upon the filing of such a complaint, it shall be the duty of such officer to render assistance in the prosecution of the party complained against. Sheriffs, deputy sheriffs, and other peace officers making arrests and serving warrants under this section shall receive fees and mileage under the provisions of the statutes of the state with mileage to be computed at the rate provided for county sheriffs in section 33-117. Conservation officers shall serve writs and processes, civil and criminal, when such writs and processes pertain to enforcement of duties imposed by law on the commission. Any officer or person purporting to enforce the laws of this state or rules and regulations adopted and promulgated or commission orders passed pursuant thereto shall on the demand of any person apprehended by him or her exhibit to such person his or her written commission of authority as such enforcement officer.

Source:Laws 1998, LB 922, § 294; Laws 1999, LB 176, § 86;    Laws 2013, LB499, § 15.    


Annotations

37-605. Arrests or summons; hearing; failure to appear; violation; penalty.

It shall be the duty of any conservation officer to make arrests or issue a summons, or both, or otherwise notify any resident of this state to appear at a place specified in such summons or notice and at a time likewise specified at least five days after such arrest unless the person arrested shall demand an earlier hearing or, if such person so desires, at an immediate hearing or a hearing within twenty-four hours thereafter at a convenient hour before a magistrate within the township or county wherein such offense was committed. Any resident refusing to give written promise to appear or any nonresident refusing to give a guaranteed arrest bond or similar written instrument shall be taken immediately by such officer before the nearest or most accessible magistrate. Any person who willfully violates his or her written promise to appear shall be guilty of a Class III misdemeanor regardless of the disposition of the charge upon which he or she was originally arrested.

Source:Laws 1998, LB 922, § 295.


Annotations

37-606. Corporate offenders; how served; prosecution of agents or employees.

In case of a violation of the Game Law by a corporation, the warrant of arrest may be served on the president, secretary, or manager in this state or on any general or local agent thereof in the county where the action may properly be brought, and upon the return of such warrant so served, the corporation shall be deemed in court and subject to the jurisdiction thereof, and any fine imposed may be collected by execution against the property of such corporation. This section shall not be deemed to exempt from prosecution any agent or employee whose personal guilt is supported by probable cause.

Source:Laws 1929, c. 112, VI, § 13, p. 436; C.S.1929, § 37-613; R.S.1943, § 37-613; Laws 1989, LB 34, § 42; R.S.1943, (1993), § 37-613; Laws 1998, LB 922, § 296.


37-607. Conservation and peace officers; duty to arrest; powers.

It shall be the duty of every conservation officer and any other peace officer to arrest any person whom he or she has reason to believe has committed a violation of the Game Law and, with or without a warrant, to open, enter, and examine all camps, wagons, cars, stages, tents, packs, warehouses, stores, outhouses, stables, barns and other places, boxes, barrels, and packages where he or she has reason to believe any game, fish, or raw furs, taken or held in violation of the Game Law, are to be found and to seize the same, except that a dwelling house actually occupied can be entered only upon authority of a search warrant.

Source:Laws 1998, LB 922, § 297; Laws 1999, LB 176, § 87.    


37-608. Rules and regulations; enforcement; arrest and detention authorized.

Any law enforcement official, including any conservation officer, may enforce sections 37-305 to 37-313, the rules and regulations established under the authority of sections 60-680 and 60-6,190, and federal orders restricting access to federal lands under a memorandum of understanding or cooperative agreement with a federal agency. When a violation has occurred in or on any area under the ownership or control of the commission or federal lands as authorized under this section, any conservation officer may arrest and detain any person committing such violation or committing any misdemeanor or felony as provided by the laws of this state or federal orders as authorized under this section until a legal warrant can be obtained.

Source:Laws 1998, LB 922, § 298; Laws 2002, LB 1003, § 31.    


37-609. Resisting officer or employee of commission; penalty.

It shall be unlawful for any person to resist or obstruct any officer or any employee of the commission in the discharge of his or her lawful duties. Any person willfully resisting such officer or employee shall be guilty of a Class V misdemeanor.

Source:Laws 1929, c. 112, VI, § 4, p. 434; C.S.1929, § 37-604; Laws 1937, c. 89, § 15, p. 299; C.S.Supp.,1941, § 37-604; R.S.1943, § 37-604; Laws 1977, LB 40, § 199; R.S.1943, (1993), § 37-604; Laws 1998, LB 922, § 299.


37-610. False representation as officer or employee of commission; penalty.

It shall be unlawful for any person to falsely represent himself or herself to be an officer or employee of the commission or to assume to so act without having been duly appointed or employed as such. Any person willfully representing himself or herself to be such officer or employee shall be guilty of a Class V misdemeanor.

Source:Laws 1929, c. 112, VI, § 5, p. 434; C.S.1929, § 37-605; Laws 1937, c. 89, § 16, p. 299; C.S.Supp.,1941, § 37-605; R.S.1943, § 37-605; Laws 1957, c. 139, § 13, p. 471; Laws 1961, c. 175, § 2, p. 523; Laws 1977, LB 40, § 200; R.S.1943, (1993), § 37-605; Laws 1998, LB 922, § 300.


37-611. Separate offense, defined.

(1) Each individual animal of any species of wildlife taken in violation of the Game Law, (2) each individual animal of any species of wildlife shipped, offered or received for shipment, transported, bought, sold, bartered, or had in possession contrary to the Game Law, and (3) each seine, net, or other device, including ferrets, used or attempted to be used in violation of the Game Law, shall constitute a separate offense.

Source:Laws 1929, c. 112, VI, § 11, p. 436; C.S.1929, § 37-611; R.S.1943, § 37-611; Laws 1989, LB 34, § 40; R.S.1943, (1993), § 37-611; Laws 1998, LB 922, § 301.


37-612. Accessories; penalties.

Any person who makes any use of or has in his or her possession or who aids or abets in the taking of any game or raw fur taken contrary to any of the provisions of the Game Law, with knowledge of such fact or of facts sufficient in law to charge him or her with such knowledge, shall be deemed a principal in the unlawful taking, transporting, or possession of such game or raw fur and shall be subject to the same penalties therefor as the person who took the game or raw fur, unlawfully had the game or raw fur in his or her possession, or unlawfully transported the game or raw fur.

Source:Laws 1929, c. 112, VI, § 12, p. 436; C.S.1929, § 37-612; R.S.1943, § 37-612; Laws 1967, c. 216, § 15, p. 590; Laws 1989, LB 34, § 41; R.S.1943, (1993), § 37-612; Laws 1998, LB 922, § 302.


37-613. Wildlife; prohibited acts; liquidated damages; schedule; disposition.

(1) Any person who sells, purchases, takes, or possesses contrary to the Game Law any wildlife shall be liable to the State of Nebraska for the damages caused thereby. Such damages shall be:

(a) Fifteen thousand dollars for each mountain sheep;

(b) Five thousand dollars for each elk with a minimum of twelve total points and one thousand five hundred dollars for any other elk;

(c) Five thousand dollars for each whitetail deer with a minimum of eight total points and an inside spread between beams of at least eighteen inches, one thousand dollars for any other antlered whitetail deer, and two hundred fifty dollars for each antlerless whitetail deer and whitetail doe deer;

(d) Five thousand dollars for each mule deer with a minimum of eight total points and an inside spread between beams of at least twenty-four inches and one thousand dollars for any other mule deer;

(e) Five thousand dollars for each antelope with the shortest horn measuring a minimum of fourteen inches in length and one thousand dollars for any other antelope;

(f) One thousand five hundred dollars for each bear or moose or each individual animal of any threatened or endangered species of wildlife not otherwise listed in this subsection;

(g) Five hundred dollars for each mountain lion, lynx, bobcat, river otter, or raw pelt thereof;

(h) Twenty-five dollars for each raccoon, opossum, skunk, or raw pelt thereof;

(i) Five thousand dollars for each eagle;

(j) One hundred dollars for each wild turkey;

(k) Twenty-five dollars for each dove;

(l) Seventy-five dollars for each other game bird, other game animal, other fur-bearing animal, raw pelt thereof, or nongame wildlife in need of conservation as designated by the commission pursuant to section 37-805, not otherwise listed in this subsection;

(m) Fifty dollars for each wild bird not otherwise listed in this subsection;

(n) Seven hundred fifty dollars for each swan or paddlefish;

(o) Two hundred dollars for each master angler fish measuring more than twelve inches in length;

(p) Fifty dollars for each game fish measuring more than twelve inches in length not otherwise listed in this subsection;

(q) Twenty-five dollars for each other game fish; and

(r) Fifty dollars for any other species of game not otherwise listed in this subsection.

(2) The commission shall adopt and promulgate rules and regulations to provide for a list of master angler fish which are subject to this section and to prescribe guidelines for measurements and point determinations as required by this section. The commission may adopt a scoring system which is uniformly recognized for this purpose.

(3) Such damages may be collected by the commission by civil action. In every case of conviction for any of such offenses, the court or magistrate before whom such conviction is obtained shall further enter judgment in favor of the State of Nebraska and against the defendant for liquidated damages in the amount set forth in this section and collect such damages by execution or otherwise. Failure to obtain conviction on a criminal charge shall not bar a separate civil action for such liquidated damages. Damages collected pursuant to this section shall be remitted to the secretary of the commission who shall remit them to the State Treasurer for credit to the State Game Fund.

Source:Laws 1929, c. 112, VI, § 14, p. 437; C.S.1929, § 37-614; R.S.1943, § 37-614; Laws 1949, c. 105, § 1, p. 285; Laws 1957, c. 139, § 17, p. 472; Laws 1989, LB 34, § 43; Laws 1989, LB 43, § 1; R.S.1943, (1993), § 37-614; Laws 1998, LB 922, § 303; Laws 1999, LB 176, § 88;    Laws 2001, LB 130, § 5;    Laws 2009, LB105, § 34.    


37-614. Revocation and suspension of permits; grounds.

(1) When a person pleads guilty to or is convicted of any violation listed in this subsection, the court shall, in addition to any other penalty, revoke and require the immediate surrender of all permits to hunt, fish, and harvest fur held by such person and suspend the privilege of such person to hunt, fish, and harvest fur and to purchase such permits for a period of not less than three years. The court shall consider the number and severity of the violations of the Game Law in determining the length of the revocation and suspension. The violations shall be:

(a) Carelessly or purposely killing or causing injury to livestock with a firearm or bow and arrow;

(b) Purposely taking or having in his or her possession a number of game animals, game fish, game birds, or fur-bearing animals exceeding twice the limit established pursuant to section 37-314;

(c) Taking any species of wildlife protected by the Game Law during a closed season in violation of section 37-502;

(d) Resisting or obstructing any officer or any employee of the commission in the discharge of his or her lawful duties in violation of section 37-609; and

(e) Being a habitual offender of the Game Law.

(2) When a person pleads guilty to or is convicted of any violation listed in this subsection, the court may, in addition to any other penalty, revoke and require the immediate surrender of all permits to hunt, fish, and harvest fur held by such person and suspend the privilege of such person to hunt, fish, and harvest fur and to purchase such permits for a period of not less than one year. The court shall consider the number and severity of the violations of the Game Law in determining the length of the revocation and suspension. The violations shall be:

(a) Hunting, fishing, or fur harvesting without a permit in violation of section 37-411;

(b) Hunting from a vehicle, aircraft, or boat in violation of section 37-513, 37-514, 37-515, 37-535, or 37-538; and

(c) Knowingly taking any wildlife on private land without permission in violation of section 37-722.

(3) When a person pleads guilty to or is convicted of any violation of the Game Law, the rules and regulations of the commission, or commission orders not listed in subsection (1) or (2) of this section, the court may, in addition to any other penalty, revoke and require the immediate surrender of all permits to hunt, fish, and harvest fur held by such person and suspend the privilege of such person to hunt, fish, and harvest fur and to purchase such permits for a period of not less than one year.

Source:Laws 1998, LB 922, § 304; Laws 1999, LB 176, § 89;    Laws 2007, LB299, § 16;    Laws 2009, LB5, § 2;    Laws 2013, LB499, § 16;    Laws 2017, LB566, § 4.    
Effective Date: August 24, 2017


37-615. Revoked or suspended permit; unlawful acts; violation; penalty.

It shall be unlawful for any person to take any species of wildlife protected by the Game Law while his or her permits are revoked or suspended. It shall be unlawful for any person to apply for or purchase a permit to hunt, fish, or harvest fur in Nebraska while his or her permits are revoked and while the privilege to purchase such permits is suspended. Any person who violates this section shall be guilty of a Class I misdemeanor and in addition shall be suspended from hunting, fishing, and fur harvesting or purchasing permits to hunt, fish, and harvest fur for a period of not less than two years as the court directs. The court shall consider the number and severity of the violations of the Game Law in determining the length of the suspension.

Source:Laws 1998, LB 922, § 305; Laws 2011, LB41, § 28;    Laws 2017, LB566, § 5.    
Effective Date: August 24, 2017


37-616. Certain deaths and injuries; suspension or revocation of permits.

The court shall automatically suspend the privilege to hunt, fish, and harvest fur and to purchase permits to hunt, fish, and harvest fur in the State of Nebraska of a person who is convicted of the intentional or negligent killing or injuring of any other person with a firearm or bow and arrow while hunting, fishing, or fur harvesting and shall automatically revoke all permits to hunt, fish, and harvest fur in the State of Nebraska held by a person who is convicted of the intentional or negligent killing or injuring of any other person with a firearm or bow and arrow while hunting, fishing, or fur harvesting. The suspension or revocation shall be for a period of not less than ten years after such conviction.

Source:Laws 1998, LB 922, § 306.


37-617. Suspension, revocation, or conviction; court; duties.

The court shall notify the commission of any suspension, revocation, or conviction under sections 37-614 to 37-616.

Source:Laws 1998, LB 922, § 307; Laws 1999, LB 176, § 90;    Laws 2017, LB566, § 6.    
Effective Date: August 24, 2017


37-618. Suspension or revocation in other jurisdiction; effect; violation; penalty.

(1) Except as otherwise provided in subsection (3) of this section, any person whose privilege or permit to hunt, fish, or harvest fur has been suspended or revoked in any jurisdiction within the United States or Canada shall be prohibited from obtaining a permit for such activity in this state during the period of suspension or revocation in the prosecuting jurisdiction if the offense for which the privilege or permit is suspended or revoked is an offense under the Game Law or would constitute grounds for suspension or revocation under sections 37-614 to 37-617.

(2) If such person has previously obtained a permit under the Game Law for such activity, the permit shall become invalid and shall be suspended for the same period as determined in the prosecuting jurisdiction. The person shall immediately return the permit to the commission. No person shall possess a permit which has been suspended or revoked under this section except as otherwise provided in subsection (3) of this section.

(3) The commission may adopt and promulgate rules and regulations to create a process to (a) review the suspension or revocation of a privilege or permit to hunt, fish, or harvest fur imposed by any jurisdiction other than Nebraska to determine if the offense for which the privilege or permit is suspended or revoked is an offense under the Game Law or would constitute grounds for suspension or revocation under sections 37-614 to 37-617 and (b) provide for a hearing, if necessary, to confirm the suspension or revocation in Nebraska or reinstate the privilege or affirm the eligibility of the person to purchase a permit in Nebraska. The process may include an application for the review and a procedure for screening applications to determine if the hearing before the commission is necessary or appropriate.

(4) Any person who violates the provisions of this section shall be guilty of a Class I misdemeanor.

Source:Laws 1998, LB 922, § 308; Laws 2011, LB41, § 29.    


37-619. Game and raw furs illegally acquired or possessed; contraband; seizure and confiscation.

All game taken and all game and raw furs bought, sold, bartered, shipped, or had in possession contrary to any of the provisions of the Game Law shall be and the same are declared to be contraband and shall be seized and confiscated by any conservation officer, other peace officer, or other employee of the commission.

Source:Laws 1929, c. 112, VI, § 6, p. 434; C.S.1929, § 37-606; R.S.1943, § 37-606; Laws 1957, c. 139, § 14, p. 471; Laws 1961, c. 175, § 3, p. 523; Laws 1988, LB 1030, § 37; Laws 1989, LB 34, § 36; R.S.1943, (1993), § 37-606; Laws 1998, LB 922, § 309; Laws 1999, LB 176, § 91.    


Annotations

37-620. Contraband; evidence; seizure and confiscation.

The possession by any person of any fish under lawful size as designated in the Game Law shall be evidence that the same was taken within the state. Possession within this state of the carcass of any game animal or game bird which has shot marks upon it shall be evidence that the same was taken in this state, and the burden of proving otherwise shall be upon the party in whose possession it is found. Whenever the contents of any box, barrel, package, or receptacle consist partly of contraband and partly of legal game or raw furs, the entire contents of such box, barrel, package, or other receptacle shall be seized and confiscated. Whenever a person has in his or her possession any game in excess of the number permitted by law, all game in his or her possession may be seized and confiscated.

Source:Laws 1929, c. 112, VI, § 7, p. 435; C.S.1929, § 37-607; R.S.1943, § 37-607; Laws 1957, c. 139, § 15, p. 471; Laws 1989, LB 34, § 37; R.S.1943, (1993), § 37-607; Laws 1998, LB 922, § 310.


Annotations

37-621. Contraband; disposition.

Contraband game and fish seized and confiscated in accordance with the Game Law or coming into the possession of the commission by other means shall be turned over to the nearest hospital or state institution or otherwise disposed of as directed by the commission, and all contraband hides and furs shall be sold and the proceeds paid into the State Game Fund.

Source:Laws 1929, c. 112, VI, § 8, p. 435; C.S.1929, § 37-608; R.S.1943, § 37-608; Laws 1957, c. 139, § 16, p. 472; Laws 1989, LB 34, § 38; R.S.1943, (1993), § 37-608; Laws 1998, LB 922, § 311.


Annotations

37-622. Contraband; illegal possession; complaints and search warrants.

Whenever any conservation officer or other peace officer of the state has reason to believe that any person has in his or her possession any game, aquatic organisms, raw fur, nets, or devices contrary to law, the officer may file or cause to be filed a sworn complaint to such effect before any magistrate having jurisdiction and may procure a search warrant and execute such warrant.

Source:Laws 1929, c. 112, VI, § 9, p. 435; C.S.1929, § 37-609; Laws 1941, c. 72, § 10, p. 306; C.S.Supp.,1941, § 37-609; R.S.1943, § 37-609; Laws 1961, c. 175, § 4, p. 524; Laws 1988, LB 1030, § 38; Laws 1994, LB 1165, § 13; R.S.Supp.,1996, § 37-609; Laws 1998, LB 922, § 312; Laws 1999, LB 176, § 92.    


37-623. Illegally used nets, traps, ferrets, and devices; seizure and confiscation; destruction; return of guns, legal fish nets, or other hunting and fishing equipment; when made.

Every device, net, and trap and every ferret possessed, used, or attempted to be used by any person in taking any game contrary to the Game Law is hereby declared to be a public nuisance and subject to seizure and confiscation by any conservation officer or other person charged with the enforcement of the Game Law. Ferrets and every device, net, and trap, the use of which is wholly prohibited, shall be destroyed upon seizure. All guns and nets while being used illegally shall be seized upon the arrest of the person so using them, but all guns, legal fish nets, or other hunting or fishing equipment, used illegally which are seized for evidence upon arrest, shall be returned by the court to the person from whom such guns, legal fish nets, or other hunting or fishing equipment was seized following disposition of the case.

Source:Laws 1929, c. 112, VI, § 10, p. 435; C.S.1929, § 37-610; Laws 1931, c. 72, § 3, p. 194; Laws 1937, c. 89, § 17, p. 299; C.S.Supp.,1941, § 37-610; R.S.1943, § 37-610; Laws 1945, c. 78, § 8, p. 293; Laws 1957, c. 150, § 1, p. 488; Laws 1959, c. 150, § 9, p. 574; Laws 1961, c. 175, § 5, p. 524; Laws 1961, c. 177, § 1, p. 527; Laws 1963, c. 204, § 2, p. 657; Laws 1977, LB 40, § 201; Laws 1987, LB 629, § 2; Laws 1989, LB 34, § 39; R.S.1943, (1993), § 37-610; Laws 1998, LB 922, § 313; Laws 1999, LB 176, § 93.    


37-624. Commission; powers; use of federal personnel.

(1) The commission may enter into a memorandum of agreement for cooperative law enforcement with the United States Fish and Wildlife Service.

(2) Special agents and refuge officers of the United States Fish and Wildlife Service who are certified as federal law enforcement officers may be credentialed as conservation officers of the commission. The secretary, under the direction of the commission acting in official session, may credential such officers. Training requirements under section 81-1414 shall not apply to an officer credentialed under this subsection.

(3) Nothing in this section shall authorize special agents and refuge officers of the United States Fish and Wildlife Service who are credentialed as conservation officers pursuant to subsection (2) of this section to enforce any other laws of the State of Nebraska while exercising the authority specified in such subsection, nor shall any evidence discovered in the course of such agents' or officers' duties in enforcement of the Game Law or rules and regulations adopted and promulgated by the commission, which is evidence of a violation of any other laws of the State of Nebraska, be admissible in a subsequent prosecution for such violation.

Source:Laws 1992, LB 339, § 1; R.S.1943, (1996), § 81-805.04; Laws 1998, LB 922, § 314; Laws 2001, LB 130, § 6.    


37-701. Reserves, refuges, and sanctuaries; how established; acquisition of land.

When a notice is posted on each corner and on all roads leading thereinto, indicating that such property is a reserve, refuge, or sanctuary, every school section and other tract of educational land within the state, title to which is vested in the State of Nebraska, all that portion of the State of Nebraska embraced within the boundaries of the Niobrara and Bessey divisions of the Nebraska National Forest, and every state-owned lake, pond, or marsh, except lakes and marshes state owned because meandered, is hereby declared to be a game reserve, bird refuge, and wild fowl sanctuary. Other game reserves, bird refuges, wild fowl sanctuaries, or reservations may be established by the commission in any county where deemed necessary for the protection and propagation of game, or as a refuge or sanctuary for song and insectivorous birds or wild fowl. The commission with the approval of the Governor may acquire land for such purposes, either by purchase, lease, gift, or other devise.

Source:Laws 1929, c. 112, IV, § 1, p. 420; C.S.1929, § 37-401; R.S.1943, § 37-401; Laws 1957, c. 145, § 1, p. 481; R.S.1943, (1993), § 37-401; Laws 1998, LB 922, § 315.


37-702. Sanctuaries on rivers; how established; discontinuance; procedure.

When the owners in freehold of both banks of any river in Nebraska for a distance of five miles or more along the river sign a petition to the commission requesting that such river along their lands and on lands adjacent to the river and within one-half mile thereof be made a game and wild fowl sanctuary, the commission upon receiving the promises in writing of such owners to refrain from all shooting or molesting of game upon such proposed sanctuary and further, to the best of their ability, to prevent others from shooting or molesting game thereon may accept such area as a game and wild fowl sanctuary and cause the same to be plainly posted as such and to be protected from violators. The commission may further expend reasonable sums to feed wild fowl upon such sanctuaries. A sanctuary so established may not, without the consent of the commission, be withdrawn by the owners for a period of five years after it is established, and unless the owners of more than one-half of the river banks on both sides of the river running through any such sanctuary sign a petition for vacating the same and file such petition with the commission during the first half of the fifth year of such sanctuary or thereafter in the first half of the fifth year of any added five-year period, such sanctuary shall continue as such unless terminated for good cause by the commission.

Source:Laws 1929, c. 112, IV, § 2, p. 421; C.S.1929, § 37-402; R.S.1943, § 37-402; Laws 1989, LB 34, § 19; R.S.1943, (1993), § 37-402; Laws 1998, LB 922, § 316.


37-703. Reserves, refuges, and sanctuaries; signs; form; where placed; defacing prohibited; penalty.

At each section corner and in full sight of the traveled highway at each game reserve, bird refuge, or wild fowl sanctuary, there shall be placed by the commission a conspicuous, permanent sign as follows:

State of Nebraska
Game and Bird Sanctuary
Hunting or Molesting Game or Bird Life
Prohibited and Punished
Nebraska Game and Parks Commission
or with such other notice as the commission may deem advisable.
Anyone removing or defacing any such sign shall be deemed guilty
of a Class III misdemeanor.

Source:Laws 1929, c. 112, IV, § 3, p. 421; C.S.1929, § 37-403; R.S.1943, § 37-403; Laws 1989, LB 34, § 20; R.S.1943, (1993), § 37-403; Laws 1998, LB 922, § 317.


37-704. Sanctuaries; rules and regulations; Missouri River sanctuaries; power of commission.

The commission may adopt and promulgate such rules and regulations for the protection of game or wild fowl sanctuaries as it may find necessary to protect game, wild fowl, or song birds thereon or to make effective rules and regulations in conjunction with other states over the Missouri River for the protection of wild fowl thereon and fish therein. Such rules and regulations shall be adopted and promulgated pursuant to the Administrative Procedure Act.

Source:Laws 1929, c. 112, IV, § 4, p. 421; C.S.1929, § 37-404; R.S.1943, § 37-404; Laws 1989, LB 34, § 21; R.S.1943, (1993), § 37-404; Laws 1998, LB 922, § 318.


Cross References

37-705. Reserves, sanctuaries, and closed waters; prohibited acts; penalty; exceptions.

(1) Anyone who takes any fish from waters closed by the commission as provided in the Game Law, who takes any game upon any reserve or sanctuary, who goes thereon with a gun or dog, who permits a dog to run thereon, who otherwise intentionally disturbs game or birds thereon and causes them to depart from such reserve or sanctuary, who goes upon any wild fowl sanctuary to fish or for any other purpose during the open season on wild fowl, or who violates any provision of sections 37-701 to 37-704 or any rule or regulation of the commission relating to game reserves or sanctuaries adopted and promulgated by authority of law shall be guilty of a Class III misdemeanor.

(2) Nothing in this section shall (a) render unlawful the keeping at farm homes, located on the reserves or sanctuaries provided for in the Game Law, such dogs as ordinarily are kept on farms, (b) render unlawful the possession of firearms by residents on such reserves or sanctuaries when such firearms are not used to disturb or molest wild fowl or game thereon or prevent such residents from destroying predators as provided in section 37-559 thereon, (c) prevent members, officers, or employees of the commission from going upon sanctuaries at any time to enforce the Game Law, to obtain evidence to enforce it, or otherwise to protect game and fish thereon, or (d) make it unlawful to retrieve lawfully killed game birds from any such reserve or sanctuary.

Source:Laws 1929, c. 112, IV, § 10, p. 425; C.S.1929, § 37-410; Laws 1943, c. 94, § 9, p. 328; R.S.1943, § 37-410; Laws 1977, LB 40, § 185; Laws 1989, LB 34, § 23; Laws 1989, LB 168, § 1; R.S.1943, (1993), § 37-410; Laws 1998, LB 922, § 319.


37-706. Game refuges; establishment; description.

(1) For the better protection of birds and the establishment of breeding places therefor, the following area within the State of Nebraska is hereby set aside, designated, and established as a state game refuge: All that portion of the State of Nebraska on the North Platte River and for one hundred ten yards back of the banks of said stream on the land side in Garden County, Nebraska.

(2) For the better protection of birds and the establishment of breeding and resting places therefor, the following areas within the State of Nebraska are hereby set aside, designated, and established as state game refuges: (a) All that portion of the State of Nebraska on the Platte River and for one hundred ten yards on each side of the banks of said stream from the west line of Dodge County and Saunders County east and southeast to the bridge across said Platte River, west of Venice, Nebraska, on U.S. Route No. 30A and State Route No. 92; (b) all that portion of the State of Nebraska embracing the channel or channels of the Niobrara River and for one hundred ten yards back from the banks of such stream on the land side in Boyd and Holt Counties, extending from the west line of Boyd and Holt Counties on the west to State Highway No. 11 on the east; and (c) all that portion of the State of Nebraska on the North Platte River, and for one hundred ten yards on each side of the banks of the stream in sections twenty-one, twenty-six, twenty-seven, twenty-eight, thirty-four, thirty-five, and thirty-six, township fourteen north, range thirty, west of the sixth principal meridian, Lincoln County, Nebraska.

(3) For purposes of sections 37-701 to 37-708, the banks of said stream means the banks of the river which are the elevation of ground which confines the water at a level not exceeding flood stage.

Source:Laws 1925, c. 107, § 1, p. 295; C.S.1929, § 37-412; R.S.1943, § 37-412; Laws 1947, c. 135, § 1, p. 379; Laws 1965, c. 200, § 1, p. 603; R.S.1943, (1993), § 37-412; Laws 1998, LB 922, § 320; Laws 1999, LB 176, § 94;    Laws 2004, LB 826, § 3.    


Annotations

37-706.01. Legislative intent.

It is the intent of the Legislature to preserve the state game refuges described in section 37-706.

Source:Laws 2004, LB 826, § 2.    


37-707. Game refuges; boundaries; marking; Department of Natural Resources; duties; access to property; when.

(1) The commission is directed to place suitable signs showing the boundaries of the refuges, as designated in section 37-706, using the map adopted by the Department of Natural Resources pursuant to this section, on all roads leading into such refuges.

(2)(a) The Department of Natural Resources shall adopt and promulgate rules and regulations determining the boundaries of the state game refuges. The department's determination shall be based on the definitions in sections 37-701 to 37-708 and shall include maps showing such boundaries.

(b) The department shall make the initial boundary determinations for the state game refuge in Garden County by March 1, 2005. The department shall make the initial boundary determinations for the remaining state game refuges by January 1, 2006.

(c) Until the initial determinations are made pursuant to subdivision (a) of this subsection, the boundaries that have been determined and maintained by the commission shall remain in effect.

(d) The department shall update any boundary determination required by subdivision (a) of this subsection whenever it determines that there has been a substantial change in the location of the banks of said stream used for locating such boundary.

(e) To the extent necessary to fulfill their obligations under sections 37-701 to 37-708 and pursuant to notice as provided in subdivision (f) of this subsection, the department and the commission shall have access at all reasonable times to all properties to which access is needed to fulfill such obligations. Entry upon such properties for the purposes set forth in such sections shall not be considered trespass.

(f) Notice of intent to enter upon property for the purposes of subdivision (2)(e) of this section shall be satisfied by publishing such notice at least once each week for three consecutive weeks in a legal newspaper published or of general circulation in the county or counties in which such property and such game refuge are located.

Source:Laws 1939, c. 43, § 2, p. 202; C.S.Supp.,1941, § 37-429; R.S.1943, § 37-419; Laws 1947, c. 135, § 3, p. 380; R.S.1943, (1993), § 37-419; Laws 1998, LB 922, § 321; Laws 2004, LB 826, § 4.    


Annotations

37-708. Game refuges; prohibited acts; exceptions.

(1) It shall be unlawful within the boundaries of the state game refuges designated in section 37-706 for any person (a) to hunt or chase with dogs any game birds, game animals, or other birds or animals of any kind or description whatever, (b) to carry firearms of any kind, or (c) from October 15 through January 15 each year to operate a motorboat as defined in section 37-1204.

(2) This section shall not prevent highway or railroad transport of firearms or dogs across the refuge, retrieval of game birds lawfully killed from such refuge, or the taking of fur-bearing animals by the use of traps during lawful open seasons on the refuge.

(3) This section shall not prevent the commission from issuing such permits as may be necessary for the killing of animal or bird predators that may endanger game birds or game animals or the domestic property of adjacent landowners or from issuing permits as provided in sections 37-447 to 37-452 for the taking of deer from such refuges whenever the number of deer on such refuges is deemed detrimental to habitat conditions on the refuges or to adjacent privately owned real or personal property.

(4) This section shall not prevent the owners of land or dwellings or their relatives or invitees from operating any motorboat within the boundaries of the refuge for purposes of access by the most direct route to and from such land or dwellings.

Source:Laws 1939, c. 43, § 3, p. 202; C.S.Supp.,1941, § 37-430; R.S.1943, § 37-420; Laws 1947, c. 135, § 4, p. 380; Laws 1965, c. 202, § 1, p. 605; Laws 1993, LB 235, § 20; R.S.1943, (1993), § 37-420; Laws 1998, LB 922, § 322.


Annotations

37-708.01. Rule or regulation; validity; review of other orders or acts; procedure.

(1) The validity of any rule or regulation adopted by the Department of Natural Resources pursuant to sections 37-701 to 37-708 may be determined pursuant to section 84-911.

(2) Any person aggrieved by any other order or act of the department or commission pursuant to its authority under sections 37-701 to 37-708 may, within thirty days after notice thereof, file a petition in the district court of the county in which the aggrieved person resides or, if the aggrieved person is not a resident of Nebraska, in the district court of Lancaster County, for review. The court shall summarily hear the petition as a case in equity without a jury and may order only declaratory or prospective injunctive relief with regard to such order or act.

(3) Except as provided in subsection (1) of this section, the appeal procedures described in the Administrative Procedure Act shall not apply to actions taken pursuant to sections 37-701 to 37-708.

(4) The appeal procedures described in sections 61-206 and 61-207 do not apply to actions taken pursuant to sections 37-701 to 37-708.

Source:Laws 2004, LB 826, § 5.    


Cross References

37-709. Game refuges; violation; penalty.

Any person who violates any of the provisions of section 37-708 shall be guilty of a Class III misdemeanor.

Source:Laws 1939, c. 43, § 4, p. 202; C.S.Supp.,1941, § 37-431; R.S.1943, § 37-421; Laws 1947, c. 135, § 5, p. 380; Laws 1977, LB 40, § 187; Laws 1993, LB 235, § 21; R.S.1943, (1993), § 37-421; Laws 1998, LB 922, § 323.


37-710. State Wild Game Preserve; creation; extent; location; acquisition; purpose.

The commission is hereby authorized to create within Scotts Bluff, Banner, and Morrill Counties, Nebraska, or any one or more of such counties, a state wild game preserve to be known as the State Wild Game Preserve, to be composed of a tract of land of not less than four thousand acres nor more than ten thousand acres which shall have been procured by the state within the boundaries of any one or more of such counties. Any land so selected and procured shall be chiefly rough in its topography and shall include an ample amount of natural shelter as provided by canyons and timber, water supply, and native grasses such as are characteristic of the Wildcat Hills in such counties. The commission is authorized to acquire such premises and, when so procured, shall enclose such tract with a good and sufficient fence and shall keep and maintain the fence in a good and sufficient state of repair.

Source:Laws 1927, c. 30, § 1, p. 146; C.S.1929, § 37-415; R.S.1943, § 37-415; R.S.1943, (1993), § 37-415; Laws 1998, LB 922, § 324.


37-711. State Wild Game Preserve; typical specimens of wild game animals and birds; collection, preservation, and distribution.

After enclosing the State Wild Game Preserve with a fence, it shall be the duty of the commission to collect, maintain, and perpetuate typical specimens of wild game animals and birds indigenous to the State of Nebraska in its pioneer history, to place the same in charge of a capable caretaker, and to maintain such animals in its discretion as to number, kind, and species, and as to quality of care, to the end that the intentions of section 37-710 may be carried out. The commission shall furnish wild game to public parks of the state whenever the commission has the same on hand available for distribution.

Source:Laws 1927, c. 30, § 2, p. 146; C.S.1929, § 37-416; R.S.1943, § 37-416; R.S.1943, (1993), § 37-416; Laws 1998, LB 922, § 325.


37-712. State Wild Game Preserve; firearms, hunting, and fishing prohibited.

Except as provided in section 37-713, it shall be unlawful for any person to carry firearms, hunt, or fish within the limits of the State Wild Game Preserve.

Source:Laws 1927, c. 30, § 3, p. 147; C.S.1929, § 37-417; R.S.1943, § 37-417; Laws 1961, c. 169, § 4, p. 503; R.S.1943, (1993), § 37-417; Laws 1998, LB 922, § 326.


37-713. State Wild Game Preserve; special permits for taking surplus wild game animals; issuance.

Whenever the number of wild game animals on the State Wild Game Preserve increases beyond the practical carrying capacity of the land involved, and no disposal of such animals to the public parks of the State of Nebraska is practical, the commission is hereby authorized to issue special permits for the taking of such surplus animals and to provide by regulation fees for such special permits and regulate methods and conditions of taking. Such special permits shall be distributed by an impartial manner, by lot.

Source:Laws 1959, c. 150, § 10, p. 575; R.S.1943, (1993), § 37-401.01; Laws 1998, LB 922, § 327.


37-714. Terms, defined.

For purposes of sections 37-714 to 37-721:

(1) Natural area means an area of land or water, whether publicly or privately owned, which retains to some degree its primeval character, though it need not be completely natural and undisturbed, or has natural flora, fauna, or ecological features of scientific or educational interest;

(2) Participating cooperators means any nonprofit conservation organizations or public agencies which enter into agreements pursuant to section 37-718; and

(3) Register means the Nebraska Natural Areas Register created pursuant to section 37-716.

Source:Laws 1989, LB 251, § 3; R.S.1943, (1993), § 37-1402; Laws 1998, LB 922, § 328.


37-715. Legislative findings.

The Legislature hereby finds and declares that the protection of natural diversity promotes the quality of life for Nebraska residents and their descendents and the protection of natural areas maintains species and their genetic diversity for economic development and human benefit. The Legislature further finds and declares that specific knowledge of the status and location of natural heritage resources and their recognition can prevent needless conflict with economic development and voluntary cooperation of landowners is an effective and cost-efficient means to protect significant natural resources.

Source:Laws 1989, LB 251, § 2; R.S.1943, (1993), § 37-1401; Laws 1998, LB 922, § 329.


37-716. Nebraska Natural Areas Register; created; registration; criteria.

(1) The commission shall create and maintain a state register of those natural areas which possess significant natural heritage resources which shall be known as the Nebraska Natural Areas Register. The commission shall adopt and promulgate policies, rules, and regulations to carry out the registration of natural areas. The natural areas included in the register shall substantially satisfy at least one of the following criteria:

(a) The natural area shall possess an exemplary or rare plant community maintaining itself under prevailing natural conditions typical of Nebraska;

(b) The natural area shall be a habitat supporting a rare, threatened, or endangered species, a species in need of conservation, or other animal or plant species of concern;

(c) The natural area shall support a relict flora or fauna persisting from an earlier period; or

(d) The natural area shall serve as a seasonal haven for concentrations of birds or other animals.

(2) Natural areas which are candidates for inclusion in the register shall be identified by the commission based on available evidence and standards prescribed by the commission. Interested parties may propose possible natural areas to the commission for review of the national and statewide significance of their natural heritage features. Natural areas which meet the established standards may be considered as eligible for the register.

Source:Laws 1989, LB 251, § 4; R.S.1943, (1993), § 37-1403; Laws 1998, LB 922, § 330.


37-717. Inclusion in register; nomination; priorities.

(1) At least once each year, the commission shall meet with interested parties to review the status, distribution, and significance of the animal and plant species and natural areas within Nebraska. After completing the review, the sites may be nominated for inclusion in the register and submitted with nomination documents for consideration by the commission. Nomination of natural areas for inclusion in the register shall be based on one or more of the following priorities:

(a) Rareness of the natural heritage features on a national, statewide, or ecological region scale;

(b) Excellence and completeness of the natural heritage features found in the natural area;

(c) Degree to which a natural area or its natural heritage features are threatened with incompatible use;

(d) Degree of protection afforded to similar features elsewhere in the state or ecological region; and

(e) Viability of the natural features in the natural area.

(2) Following approval of nominated natural areas by the commission, the natural area shall be added to the register. No privately owned lands may be nominated for registration without prior notice to the owner or registered without voluntary consent of the owner.

Source:Laws 1989, LB 251, § 5; R.S.1943, (1993), § 37-1404; Laws 1998, LB 922, § 331.


37-718. Contracts and agreements authorized.

The commission may enter into contracts, memoranda of understanding, or cooperative agreements with the participating cooperators to jointly conduct or act as the agent for the commission in landowner contact and other operations relating to the register.

Source:Laws 1989, LB 251, § 6; R.S.1943, (1993), § 37-1405; Laws 1998, LB 922, § 332.


37-719. Commission; participating cooperators; powers.

The commission and participating cooperators may provide to the owners of registered natural areas:

(1) Recognition for their participation in the register by appropriate publicity and the presentation of certificates or plaques;

(2) Advice on the proper management of the registered natural area to protect the biological features for which the area was registered; and

(3) Assistance in management or monitoring activities to maintain the natural heritage features of the registered natural area. Such activities may include, but shall not be limited to, taking a census of the population, vegetation control, and prescribed burning.

Source:Laws 1989, LB 251, § 7; R.S.1943, (1993), § 37-1406; Laws 1998, LB 922, § 333.


37-720. Agreement; landowner's rights.

A voluntary agreement between a landowner and the commission or the participating cooperators to register a natural area shall not affect a landowner's property rights or use of the land. The landowner may withdraw from the agreement by notifying the commission. No state or local governmental agency may require landowner consent to the agreement as a condition of any permit or penalize any landowner in any way for failure to give or for withdrawal of such consent.

Source:Laws 1989, LB 251, § 8; R.S.1943, (1993), § 37-1407; Laws 1998, LB 922, § 334.


37-721. Natural area; use; hearing required.

The maintenance of a registered natural area in its natural state is hereby declared to be the highest, best, and most important use of the natural area. No entity of local or state government may undertake any activities or use the registered natural area in any way that would negatively impact the values of the natural area without first conducting a public hearing on such negative impact and filing with the secretary of the commission a statement justifying the negative impact on the natural area of such activities or use.

Source:Laws 1989, LB 251, § 9; Laws 1990, LB 826, § 2; R.S.1943, (1993), § 37-1408; Laws 1998, LB 922, § 335.


37-722. Hunting, fishing, trapping, fur harvesting on private lands; unlawful except by permission; replevin of animals or pelts.

It shall be unlawful for anyone to take any wildlife upon any private lands without permission of the owner. It shall be unlawful for anyone to trap or otherwise harvest fur-bearing animals upon the lands of another without his or her consent. Animals and the pelts thereof taken contrary to this section may be replevied by the owner of the lands. For purposes of this section, owner means the actual owner of the land and any tenant or agent in possession or charge thereof for him or her.

Source:Laws 1929, c. 112, V, § 10, p. 429; C.S.1929, § 37-510; R.S.1943, § 37-510; Laws 1967, c. 216, § 13, p. 588; Laws 1981, LB 72, § 19; Laws 1989, LB 34, § 33; R.S.1943, (1993), § 37-510; Laws 1998, LB 922, § 336.


Annotations

37-723. Hunting; privately owned land; posting.

In the interest of providing access to more private property for the privilege of hunting and in protecting the property rights of the landowners and tenants of farms and ranches, it shall be lawful to post private property as provided in section 37-724.

Source:Laws 1963, c. 199, § 1, p. 646; R.S.1943, (1993), § 37-213.02; Laws 1998, LB 922, § 337.


37-724. Hunting; privately owned land; posting; where placed.

The landowner or tenant who is the principal operator of a farm or ranch may post such property to allow for hunting, by written permission only, in the following ways:

(1) With signs reading Hunting By Written Permission Only. The signs shall be at least eleven by fourteen inches with letters at least one and one-half inches high and shall be placed at each field entrance and at intervals of not more than four hundred forty yards and at all property corners. The name and address of the owner or tenant shall be on each sign; or

(2) By placing identifying red paint marks on trees or posts in the following manner:

(a) The identifying red paint marks shall be vertical lines of at least eight inches in length and three inches in width on trees or on any post which is not metal, or if metal posts are used, the identifying red paint marks shall completely surround the post and extend down at least eight inches from the top of the metal post. The bottom edge of the identifying red paint marks shall be not less than three feet and not more than five feet off the ground;

(b) The identifying red paint marks shall be readily visible to any person approaching the property; and

(c) The identifying red paint marks shall be placed at each field entrance and shall not be more than one hundred yards apart.

Source:Laws 1963, c. 199, § 2, p. 646; Laws 1973, LB 284, § 1; R.S.1943, (1993), § 37-213.03; Laws 1998, LB 922, § 338; Laws 1999, LB 176, § 95;    Laws 2002, LB 1003, § 32.    


37-725. Hunting; privately owned land; posting; written consent; contents.

The operator of property which has been posted as provided in section 37-724 shall have the privilege of permitting or denying hunting on such property, except that when consent for persons other than members of the family is extended, it shall be written consent. Each written permit shall be for such time as the operator shall designate and shall bear the date and the signature of the farm or ranch operator.

Source:Laws 1963, c. 199, § 3, p. 646; R.S.1943, (1993), § 37-213.04; Laws 1998, LB 922, § 339.


37-726. Hunting; privately owned land; posting; apprehension of violator; arrest and prosecution.

Anyone who is apprehended by a conservation officer or other peace officer hunting upon the private property of another which has been legally posted as provided in section 37-724 shall be subject to arrest and prosecution without the signing of a complaint by the operator of the property.

Source:Laws 1963, c. 199, § 4, p. 647; R.S.1943, (1993), § 37-213.05; Laws 1998, LB 922, § 340; Laws 1999, LB 176, § 96.    


37-727. Hunting; privately owned land; violations; penalty.

Any person violating section 37-722 or sections 37-724 to 37-726 shall be guilty of a Class III misdemeanor and shall be fined at least two hundred dollars upon conviction.

Source:Laws 1963, c. 199, § 5, p. 647; Laws 1977, LB 40, § 178; R.S.1943, (1993), § 37-213.06; Laws 1998, LB 922, § 341; Laws 2009, LB105, § 35.    


37-728. Fishing; privately owned land; statement required; false statement; penalty.

Whenever an invitee takes fish in any body of water which is entirely upon privately owned land and which is entirely privately stocked and the invitee wishes to remove the fish from the premises, the owner or operator by consent of the owner shall furnish to such invitee a written statement setting forth the name of the owner, the name of the invitee, the number of fish taken, and that such fish were taken in a body of water which is entirely upon privately owned land and which is entirely privately stocked. Any person who makes or exhibits to a conservation officer or other peace officer a false statement of the facts required by this section shall be guilty of a Class V misdemeanor.

Source:Laws 1959, c. 149, § 3, p. 566; Laws 1977, LB 40, § 177; R.S.1943, (1993), § 37-213.01; Laws 1998, LB 922, § 342; Laws 1999, LB 176, § 97.    


37-729. Terms, defined.

For purposes of sections 37-729 to 37-736:

(1) Land includes roads, water, watercourses, private ways, and buildings, structures, and machinery or equipment thereon when attached to the realty;

(2) Owner includes tenant, lessee, occupant, or person in control of the premises;

(3) Recreational purposes includes, but is not limited to, any one or any combination of the following: Hunting, fishing, swimming, boating, camping, picnicking, hiking, pleasure driving, nature study, waterskiing, winter sports, and visiting, viewing, or enjoying historical, archaeological, scenic, or scientific sites, or otherwise using land for purposes of the user; and

(4) Charge means the amount of money asked in return for an invitation to enter or go upon the land.

Source:Laws 1965, c. 193, § 8, p. 590; R.S.1943, (1993), § 37-1008; Laws 1998, LB 922, § 343.


Annotations

37-730. Limitation of liability; purpose of sections.

The purpose of sections 37-729 to 37-736 is to encourage owners of land to make available to the public land and water areas for recreational purposes by limiting their liability toward persons entering thereon and toward persons who may be injured or otherwise damaged by the acts or omissions of persons entering thereon.

Source:Laws 1965, c. 193, § 1, p. 589; R.S.1943, (1993), § 37-1001; Laws 1998, LB 922, § 344.


Annotations

37-731. Landowner; duty of care.

Subject to section 37-734, an owner of land owes no duty of care to keep the premises safe for entry or use by others for recreational purposes or to give any warning of a dangerous condition, use, structure, or activity on such premises to persons entering for such purposes.

Source:Laws 1965, c. 193, § 2, p. 589; R.S.1943, (1993), § 37-1002; Laws 1998, LB 922, § 345.


Annotations

37-732. Landowner; invitee; permittee; liability; limitation.

Subject to section 37-734, an owner of land who either directly or indirectly invites or permits without charge any person to use such property for recreational purposes does not thereby (1) extend any assurance that the premises are safe for any purpose, (2) confer upon such persons the legal status of an invitee or licensee to whom a duty of care is owed, or (3) assume responsibility for or incur liability for any injury to person or property caused by an act or omission of such persons.

Source:Laws 1965, c. 193, § 3, p. 589; R.S.1943, (1993), § 37-1003; Laws 1998, LB 922, § 346.


Annotations

37-733. Land leased to state; duty of landowner.

Unless otherwise agreed in writing, an owner of land leased to the state for recreational purposes owes no duty of care to keep that land safe for entry or use by others or to give warning to persons entering or going upon such land of any hazardous conditions, uses, structures, or activities thereon. An owner who leases land to the state for recreational purposes shall not by giving such lease (1) extend any assurance to any person using the land that the premises are safe for any purpose, (2) confer upon such persons the legal status of an invitee or licensee to whom a duty of care is owed, or (3) assume responsibility for or incur liability for any injury to person or property caused by an act or omission of a person who enters upon the leased land. The provisions of this section shall apply whether the person entering upon the leased land is an invitee, licensee, trespasser, or otherwise.

Source:Laws 1965, c. 193, § 4, p. 590; R.S.1943, (1993), § 37-1004; Laws 1998, LB 922, § 347.


37-734. Landowner; liability.

Nothing in sections 37-729 to 37-736 limits in any way any liability which otherwise exists (1) for willful or malicious failure to guard or warn against a dangerous condition, use, structure, or activity or (2) for injury suffered in any case where the owner of land charges the person or persons who enter or go on the land.

Source:Laws 1965, c. 193, § 5, p. 590; R.S.1943, (1993), § 37-1005; Laws 1998, LB 922, § 348; Laws 2005, LB 3, § 1.    


Annotations

37-735. Sections, how construed.

Nothing in sections 37-729 to 37-736 creates a duty of care or ground of liability for injury to person or property.

Source:Laws 1965, c. 193, § 6, p. 590; R.S.1943, (1993), § 37-1006; Laws 1998, LB 922, § 349.


Annotations

37-736. Obligation of person entering upon and using land.

Nothing in sections 37-729 to 37-736 limits in any way the obligation of a person entering upon or using the land of another for recreational purposes to exercise due care in his or her use of such land in his or her activities thereon.

Source:Laws 1965, c. 193, § 7, p. 590; R.S.1943, (1993), § 37-1007; Laws 1998, LB 922, § 350.


37-801. Act, how cited.

Sections 37-801 to 37-811 shall be known and may be cited as the Nongame and Endangered Species Conservation Act.

Source:Laws 1975, LB 145, § 1; Laws 1984, LB 466, § 1; R.S.1943, (1993), § 37-430; Laws 1998, LB 922, § 351.


37-802. Terms, defined.

For purposes of the Nongame and Endangered Species Conservation Act, unless the context otherwise requires, the definitions found in sections 37-203 to 37-236, 37-238, 37-239, 37-241, and 37-243 to 37-247 and the following definitions are used:

(1) Endangered species means any species of wildlife or wild plants whose continued existence as a viable component of the wild fauna or flora of the state is determined to be in jeopardy or any species of wildlife or wild plants which meets the criteria of the Endangered Species Act;

(2) Extirpated species means any species of wildlife or wild plants which no longer exists or is found in Nebraska;

(3) Nongame species means any species of mollusks, crustaceans, or vertebrate wildlife not legally classified as game bird, game animal, game fish, fur-bearing animal, threatened species, or endangered species by statute or regulation of this state;

(4) Person means an individual, corporation, partnership, limited liability company, trust, association, or other private entity or any officer, employee, agent, department, or instrumentality of the federal government, any state or political subdivision thereof, or any foreign government;

(5) Species means any subspecies of wildlife or wild plants and any other group of wildlife of the same species or smaller taxa in common spatial arrangement that interbreed when mature;

(6) Take means to harass, harm, pursue, hunt, shoot, wound, kill, trap, capture, or collect or attempt to engage in any such conduct; and

(7) Threatened species means any species of wild fauna or flora which appears likely to become endangered, either by determination of the commission or by criteria provided by the Endangered Species Act.

Source:Laws 1975, LB 145, § 2; Laws 1984, LB 466, § 3; Laws 1987, LB 150, § 2; Laws 1993, LB 121, § 202; R.S.1943, (1993), § 37-431; Laws 1998, LB 922, § 352.


37-803. Legislative intent.

The Legislature finds and declares:

(1) That it is the policy of this state to conserve species of wildlife for human enjoyment, for scientific purposes, and to insure their perpetuation as viable components of their ecosystems;

(2) That species of wildlife and wild plants normally occurring within this state which may be found to be threatened or endangered within this state shall be accorded such protection as is necessary to maintain and enhance their numbers;

(3) That this state shall assist in the protection of species of wildlife and wild plants which are determined to be threatened or endangered elsewhere pursuant to the Endangered Species Act by prohibiting the taking, possession, transportation, exportation from this state, processing, sale or offer for sale, or shipment within this state of such endangered species and by carefully regulating such activities with regard to such threatened species. Exceptions to such prohibitions, for the purpose of enhancing the conservation of such species, may be permitted as set forth in the Nongame and Endangered Species Conservation Act; and

(4) That any funding for the conservation of nongame, threatened, and endangered species shall be made available to the commission from General Fund appropriations, the Wildlife Conservation Fund, or other sources of revenue not deposited in the State Game Fund.

Source:Laws 1975, LB 145, § 3; Laws 1984, LB 466, § 4; R.S.1943, (1993), § 37-432; Laws 1998, LB 922, § 353; Laws 2007, LB299, § 17.    


37-804. Legislative declarations.

The Legislature hereby declares that nongame, threatened, and endangered species have need of special protection and that it is in the public interest to preserve, protect, perpetuate, and enhance such species of this state through preservation of a satisfactory environment and an ecological balance. The purpose of section 37-811 and section 77-27,119.01 is to provide a means by which such protection may be financed through a voluntary checkoff designation on state income tax return forms. The intent of the Legislature is that the program of income tax checkoff is supplemental to any funding and in no way is intended to take the place of the funding that would otherwise be appropriated for such purpose.

Source:Laws 1984, LB 466, § 2; Laws 1989, LB 258, § 1; R.S.1943, (1993), § 37-432.01; Laws 1998, LB 922, § 354.


37-805. Commission; develop conservation programs; unlawful acts.

(1) The commission shall conduct investigations of nongame wildlife in order to develop information relating to population, distribution, habitat needs, limiting factors, and other biological and ecological data to determine conservation measures necessary to enable such nongame wildlife to sustain itself successfully. On the basis of such determinations the commission shall develop a list of nongame wildlife in need of conservation, issue proposed regulations not later than two years from August 24, 1975, and develop conservation programs designed to insure the continued ability of nongame wildlife in need of conservation to perpetuate itself successfully. The commission shall conduct continuing investigations of nongame wildlife.

(2) The commission shall establish such proposed limitations relating to the taking, possession, transportation, exportation from this state, processing, sale or offer for sale, or shipment as may be necessary to conserve such nongame wildlife.

(3) Except as provided in regulations issued by the commission, it shall be unlawful for any person to take, possess, transport, export, process, sell or offer for sale, or ship nongame wildlife in need of conservation pursuant to this section. Subject to the same exception, it shall further be unlawful for any person, other than a common or contract motor carrier under the jurisdiction of the Public Service Commission or the Interstate Commerce Commission knowingly to transport, ship, or receive for shipment nongame wildlife in need of conservation pursuant to this section.

Source:Laws 1975, LB 145, § 4; R.S.1943, (1993), § 37-433; Laws 1998, LB 922, § 355.


37-806. Endangered or threatened species; how determined; commission; powers and duties; unlawful acts; exceptions; local law, regulation, or ordinance; effect.

(1) Any species of wildlife or wild plants determined to be an endangered species pursuant to the Endangered Species Act shall be an endangered species under the Nongame and Endangered Species Conservation Act, and any species of wildlife or wild plants determined to be a threatened species pursuant to the Endangered Species Act shall be a threatened species under the Nongame and Endangered Species Conservation Act. The commission may determine that any such threatened species is an endangered species throughout all or any portion of the range of such species within this state.

(2) In addition to the species determined to be endangered or threatened pursuant to the Endangered Species Act, the commission shall by regulation determine whether any species of wildlife or wild plants normally occurring within this state is an endangered or threatened species as a result of any of the following factors:

(a) The present or threatened destruction, modification, or curtailment of its habitat or range;

(b) Overutilization for commercial, sporting, scientific, educational, or other purposes;

(c) Disease or predation;

(d) The inadequacy of existing regulatory mechanisms; or

(e) Other natural or manmade factors affecting its continued existence within this state.

(3)(a) The commission shall make determinations required by subsection (2) of this section on the basis of the best scientific, commercial, and other data available to the commission.

(b) Except with respect to species of wildlife or wild plants determined to be endangered or threatened species under subsection (1) of this section, the commission may not add a species to nor remove a species from any list published pursuant to subsection (5) of this section unless the commission has first:

(i) Provided public notice of such proposed action by publication in a newspaper of general circulation in each county in that portion of the subject species' range in which it is endangered or threatened or, if the subject species' range extends over more than five counties, in a newspaper of statewide circulation distributed in the county;

(ii) Provided notice of such proposed action to and allowed comment from the Department of Agriculture, the Department of Environmental Quality, and the Department of Natural Resources;

(iii) Provided notice of such proposed action to and allowed comment from each natural resources district and public power district located in that portion of the subject species' range in which it is endangered or threatened;

(iv) Notified the Governor of any state sharing a common border with this state, in which the subject species is known to occur, that such action is being proposed;

(v) Allowed at least sixty days following publication for comment from the public and other interested parties;

(vi) Held at least one public hearing on such proposed action in each game and parks commissioner district of the subject species' range in which it is endangered or threatened;

(vii) Submitted the scientific, commercial, and other data which is the basis of the proposed action to scientists or experts outside and independent of the commission for peer review of the data and conclusions. If the commission submits the data to a state or federal fish and wildlife agency for peer review, the commission shall also submit the data to scientists or experts not affiliated with such an agency for review. For purposes of this section, state fish and wildlife agency does not include a postsecondary educational institution; and

(viii) For species proposed to be added under this subsection but not for species proposed to be removed under this subsection, developed an outline of the potential impacts, requirements, or regulations that may be placed on private landowners, or other persons who hold state-recognized property rights on behalf of themselves or others, as a result of the listing of the species or the development of a proposed program for the conservation of the species as required in subsection (1) of section 37-807.

The inadvertent failure to provide notice as required by subdivision (3)(b) of this section shall not prohibit the listing of a species and shall not be deemed to be a violation of the Administrative Procedure Act or the Nongame and Endangered Species Conservation Act.

(c) When the commission is proposing to add or remove a species under this subsection, public notice under subdivision (3)(b)(i) of this section shall include, but not be limited to, (i) the species proposed to be listed and a description of that portion of its range in which the species is endangered or threatened, (ii) a declaration that the commission submitted the data which is the basis for the listing for peer review and developed an outline if required under subdivision (b)(viii) of this subsection, and (iii) a declaration of the availability of the peer review, including an explanation of any changes or modifications the commission has made to its proposal as a result of the peer review, and the outline required under subdivision (b)(viii) of this subsection, if applicable, for public examination.

(d) In cases when the commission determines that an emergency situation exists involving the continued existence of such species as a viable component of the wild fauna or flora of the state, the commission may add species to such lists after having first published a public notice that such an emergency situation exists together with a summary of facts which support such determination.

(4) In determining whether any species of wildlife or wild plants is an endangered or threatened species, the commission shall take into consideration those actions being carried out by the federal government, by other states, by other agencies of this state or political subdivisions thereof, or by any other person which may affect the species under consideration.

(5) The commission shall issue regulations containing a list of all species of wildlife and wild plants normally occurring within this state which it determines, in accordance with subsections (1) through (4) of this section, to be endangered or threatened species and a list of all such species. Each list shall refer to the species contained therein by scientific and common name or names, if any, and shall specify with respect to each such species over what portion of its range it is endangered or threatened.

(6) Except with respect to species of wildlife or wild plants determined to be endangered or threatened pursuant to the Endangered Species Act, the commission shall, upon the petition of an interested person, conduct a review of any listed or unlisted species proposed to be removed from or added to the lists published pursuant to subsection (5) of this section, but only if the commission publishes a public notice that such person has presented substantial evidence which warrants such a review.

(7) Whenever any species of wildlife or wild plants is listed as a threatened species pursuant to subsection (5) of this section, the commission shall issue such regulations as are necessary to provide for the conservation of such species. The commission may prohibit, with respect to any threatened species of wildlife or wild plants, any act prohibited under subsection (8) or (9) of this section.

(8) With respect to any endangered species of wildlife, it shall be unlawful, except as provided in subsection (7) of this section, for any person subject to the jurisdiction of this state to:

(a) Export any such species from this state;

(b) Take any such species within this state;

(c) Possess, process, sell or offer for sale, deliver, carry, transport, or ship, by any means whatsoever except as a common or contract motor carrier under the jurisdiction of the Public Service Commission or the Interstate Commerce Commission, any such species; or

(d) Violate any regulation pertaining to the conservation of such species or to any threatened species of wildlife listed pursuant to this section and promulgated by the commission pursuant to the Nongame and Endangered Species Conservation Act.

(9) With respect to any endangered species of wild plants, it shall be unlawful, except as provided in subsection (7) of this section, for any person subject to the jurisdiction of this state to:

(a) Export any such species from this state;

(b) Possess, process, sell or offer for sale, deliver, carry, transport, or ship, by any means whatsoever, any such species; or

(c) Violate any regulation pertaining to such species or to any threatened species of wild plants listed pursuant to this section and promulgated by the commission pursuant to the act.

(10) Any endangered species of wildlife or wild plants which enters this state from another state or from a point outside the territorial limits of the United States and which is being transported to a point within or beyond this state may be so entered and transported without restriction in accordance with the terms of any federal permit or permit issued under the laws or regulations of another state.

(11) The commission may permit any act otherwise prohibited by subsection (8) of this section for scientific purposes or to enhance the propagation or survival of the affected species.

(12) Any law, regulation, or ordinance of any political subdivision of this state which applies with respect to the taking, importation, exportation, possession, sale or offer for sale, processing, delivery, carrying, transportation other than under the jurisdiction of the Public Service Commission, or shipment of species determined to be endangered or threatened species pursuant to the Nongame and Endangered Species Conservation Act shall be void to the extent that it may effectively (a) permit that which is prohibited by the act or by any regulation which implements the act or (b) prohibit that which is authorized pursuant to an exemption or permit provided for in the act or in any regulation which implements the act. The Nongame and Endangered Species Conservation Act shall not otherwise be construed to void any law, regulation, or ordinance of any political subdivision of this state which is intended to conserve wildlife or wild plants.

Source:Laws 1975, LB 145, § 5; R.S.1943, (1993), § 37-434; Laws 1998, LB 922, § 356; Laws 2002, LB 1003, § 33.    


Cross References

37-807. Commission; establish conservation programs; agreements authorized; Governor and state agencies; duties; public meeting; when required.

(1) The commission shall establish such programs, including acquisition of land or aquatic habitat or interests therein, as are necessary for the conservation of nongame, threatened, or endangered species of wildlife or wild plants. Acquisition for the purposes of this subsection shall not include the power to obtain by eminent domain.

(2) In carrying out programs authorized by this section, the commission shall consult with other states having a common interest in particular species of nongame, endangered, or threatened species of wildlife or wild plants and may enter into agreements with federal agencies, other states, political subdivisions of this state, or private persons with respect to programs designed to conserve such species including, when appropriate, agreements for administration and management of any area established under this section or utilized for conservation of such species.

(3) The Governor shall review other programs administered by him or her and utilize such programs in furtherance of the purposes of the Nongame and Endangered Species Conservation Act. All other state agencies shall, in consultation with and with the assistance of the commission, utilize their authorities in furtherance of the purposes of the act by carrying out programs for the conservation of endangered species and threatened species listed pursuant to section 37-806 and by taking such action necessary to insure that actions authorized, funded, or carried out by them do not jeopardize the continued existence of such endangered or threatened species or result in the destruction or modification of habitat of such species which is determined by the commission to be critical. For purposes of this subsection, state agency means any department, agency, board, bureau, or commission of the state or any corporation whose primary function is to act as, and while acting as, an instrumentality or agency of the state, except that state agency shall not include a natural resources district or any other political subdivision.

(4) The commission shall provide notice and hold a public meeting prior to the implementation of conservation programs designed to reestablish threatened, endangered, or extirpated species of wildlife or wild plants through the release of animals or plants to the wild. The purpose of holding such a public meeting shall be to inform the public of programs requiring the release to the wild of such wildlife or wild plants and to solicit public input and opinion. The commission shall set a date and time for the public meeting to be held at a site convenient to the proposed release area and shall publish a notice of such meeting in a legal newspaper published in or of general circulation in the county or counties where the proposed release is to take place. The notice shall be published at least twenty days prior to the meeting and shall set forth the purpose, date, time, and place of the meeting.

Source:Laws 1975, LB 145, § 6; Laws 1984, LB 1106, § 22; Laws 1987, LB 150, § 3; Laws 1991, LB 772, § 3; R.S.1943, (1993), § 37-435; Laws 1998, LB 922, § 357.


Annotations

37-808. Commission; issue regulations.

The commission shall issue such regulations as are necessary to carry out the purposes of the Nongame and Endangered Species Conservation Act in accordance with the Administrative Procedure Act.

Source:Laws 1975, LB 145, § 7; R.S.1943, (1993), § 37-436; Laws 1998, LB 922, § 358.


Cross References

37-809. Violations; penalties; conservation or peace officer; powers and duties; regulations.

(1) Any person who violates the provisions of subsection (3) of section 37-805 or any regulations issued in implementation thereof or whoever fails to procure or violates the terms of any permit issued pursuant to section 37-805 shall be guilty of a Class II misdemeanor.

(2) Any person who violates the provisions of subsection (8) of section 37-806 or any regulations issued pursuant to subsection (7) of section 37-806 or whoever fails to procure any permit required by subsection (11) of section 37-806 or violates the terms of any such permit shall be guilty of a Class I misdemeanor.

(3) Any conservation officer or any peace officer of this state or any municipality or county within this state shall have authority to conduct searches as provided by law, and to execute a warrant to search for and seize any equipment other than equipment owned or operated by any common or contract motor carrier under the jurisdiction of the Public Service Commission or the Interstate Commerce Commission, business records, wildlife, wild plants, or other contraband taken, used, or possessed in connection with any violation of the Nongame and Endangered Species Conservation Act. Any such officer or agent may, without a warrant, arrest any person whom he or she has probable cause to believe is violating, in his or her presence or view, the act or any regulation or permit provided for in the act. Any officer or agent who has made an arrest of a person in connection with any such violation may search such person or business records at the time of arrest and may seize any wildlife, wild plants, records, or property taken or used in connection with any such violation.

(4) Equipment other than equipment owned or operated by any common or contract motor carrier under the jurisdiction of the Public Service Commission or the Interstate Commerce Commission, wildlife, wild plants, records, or other contraband seized under the provisions of subsection (3) of this section shall be held by an officer or agent of the commission pending disposition of court proceedings, and thereafter be forfeited to this state for destruction or disposition as the commission may deem appropriate. Prior to forfeiture, the commission may direct the transfer of wildlife or wild plants so seized to a qualified zoological, botanical, educational, or scientific institution for safekeeping, with the costs thereof to be assessable to the defendant. The commission shall issue regulations to implement this subsection.

Source:Laws 1975, LB 145, § 8; Laws 1977, LB 40, § 188; R.S.1943, (1993), § 37-437; Laws 1998, LB 922, § 359.


37-810. Act; how construed.

The Nongame and Endangered Species Conservation Act shall not be construed to apply retroactively to or prohibit importation into this state of wildlife or wild plants which may be lawfully imported into the United States or lawfully taken and removed from another state, or prohibit entry into this state or the possession, transportation, exportation, processing, sale or offer for sale, or shipment of any wildlife or wild plants which have been determined to be an endangered or threatened species in this state but not in the state where originally taken if the person engaging in such activity demonstrates by substantial evidence that such wildlife or wild plants were lawfully taken and lawfully removed from such state. This section shall not be construed to permit the possession, transportation by a person other than a common or contract motor carrier under the jurisdiction of the Public Service Commission or the Interstate Commerce Commission, exportation, processing, sale or offer for sale, or shipment within this state of species of wildlife or wild plants determined, pursuant to the Endangered Species Act, to be an endangered or threatened species, except as permitted by subsection (11) of section 37-806.

Source:Laws 1975, LB 145, § 9; R.S.1943, (1993), § 37-438; Laws 1998, LB 922, § 360.


37-811. Wildlife Conservation Fund; created; use; investment.

There is hereby created the Wildlife Conservation Fund. The fund shall be used to assist in carrying out the Nongame and Endangered Species Conservation Act, to pay for research into and management of the ecological effects of the release, importation, commercial exploitation, and exportation of wildlife species pursuant to section 37-548, and to pay any expenses incurred by the Department of Revenue or any other agency in the administration of the income tax designation program required by section 77-27,119.01. Money shall be transferred into such fund from the General Fund by the State Treasurer in an amount to be determined by the Tax Commissioner which shall be equal to the total amount of contributions designated pursuant to section 77-27,119.01. Any money in the Wildlife Conservation Fund available for investment shall be invested by the state investment officer pursuant to the Nebraska Capital Expansion Act and the Nebraska State Funds Investment Act. Money remaining in the Nongame and Endangered Species Conservation Fund on September 1, 2007, shall be transferred to the Wildlife Conservation Fund on such date.

Source:Laws 1984, LB 466, § 7; Laws 1989, LB 258, § 2; Laws 1994, LB 1066, § 23; R.S.Supp.,1996, § 37-439; Laws 1998, LB 922, § 361; Laws 1999, LB 176, § 98;    Laws 2007, LB299, § 18.    


Cross References

37-901. Wildlife-restoration projects; cooperation with federal government; hunters' fees; expenditure.

The State of Nebraska hereby assents to the provisions of an Act of Congress entitled An Act to provide that the United States shall aid the states in wildlife-restoration projects, and for other purposes, approved September 2, 1937, (Public Law No. 415, 75th Congress), and the Game and Parks Commission is hereby authorized, empowered, and directed to perform such acts as may be necessary to the conduct and establishment of cooperative wildlife-restoration projects, as defined in the Act of Congress, in compliance with the act and with rules and regulations promulgated by the Secretary of the Interior thereunder. No funds accruing to the State of Nebraska from permit or license fees paid by hunters shall be diverted for any other purpose than the administration of the Game and Parks Commission.

Source:Laws 1939, c. 41, § 1, p. 199; C.S.Supp.,1941, § 37-427; R.S.1943, § 37-422; Laws 1957, c. 139, § 12, p. 470; R.S.1943, (1993), § 37-422; Laws 1998, LB 922, § 362.


37-902. Migratory bird reservations; federal establishment; state's consent.

Consent of the State of Nebraska is given to the acquisition by the United States by purchase, gift, devise, or lease of such areas of land or water, or of land and water, in the State of Nebraska, as the United States may deem necessary for the establishment of migratory bird reservations in accordance with the Act of Congress approved February 18, 1929, entitled An Act to more effectively meet the obligations of the United States under the Migratory Bird Treaty with Great Britain by lessening the dangers threatening migratory game birds from drainage and other causes by the acquisition of areas of land and of water to furnish in perpetuity reservations for the adequate protection of such birds; and authorizing appropriations for the establishment of such areas, their maintenance and improvement and for other purposes, reserving, however, to the State of Nebraska full and complete jurisdiction and authority over all such areas not incompatible with the administration, maintenance, protection, and control thereof by the United States under the terms of the Act of Congress.

Source:Laws 1929, c. 118, § 1, p. 455; C.S.1929, § 37-422; R.S.1943, § 37-423; R.S.1943, (1993), § 37-423; Laws 1998, LB 922, § 363.


37-903. Fish restoration and management projects; cooperation with federal government; state's consent.

The State of Nebraska hereby assents to the provisions of an Act of Congress entitled An Act to provide that the United States shall aid the states in fish restoration and management projects, and for other purposes, approved August 9, 1950, (Public Law No. 681, 81st Congress), and the Game and Parks Commission is hereby authorized, empowered, and directed to perform such acts as may be necessary to the conduct and establishment of cooperative fish restoration and management projects, as defined in the Act of Congress, in compliance with such act and with rules and regulations promulgated by the Secretary of the Interior thereunder. No funds accruing to the State of Nebraska from permit fees paid for fishing shall be diverted for any other purpose than the administration of the Game and Parks Commission.

Source:Laws 1951, c. 108, § 1, p. 516; R.S.1943, (1993), § 37-423.01; Laws 1998, LB 922, § 364.


37-904. Land and water conservation; cooperation with federal government; state's consent.

The State of Nebraska hereby assents to the provisions of an Act of Congress entitled An Act to establish a land and water conservation fund to assist the states and federal agencies in meeting present and future outdoor recreation demands and needs of the American people, and for other purposes, approved September 3, 1964, (Public Law 88-578, 88th Congress), and the Game and Parks Commission shall perform all such acts as may be necessary on behalf of the State of Nebraska to conduct, coordinate, and carry out the purposes and objectives of such Act of Congress for and within the State of Nebraska, and may transfer funds made available to the state to political subdivisions thereof if consistent with an approved project and in compliance with such Act of Congress and with rules and regulations promulgated by the Secretary of the Interior for the administration of such act. For these purposes the Game and Parks Commission may inspect the projects and examine the records of political subdivisions receiving grants-in-aid and establish such rules and regulations relating thereto as may be necessary.

Source:Laws 1965, c. 6, § 1, p. 76; R.S.1943, (1993), § 37-427; Laws 1998, LB 922, § 365.


37-905. Land and Water Conservation Fund; created; use; investment.

There is created a fund to be known as the Land and Water Conservation Fund. All money made available to the fund for matching purposes by state appropriations shall be remitted to the State Treasurer for credit to such fund. Money in the fund shall be used by the Game and Parks Commission under the provisions of Public Law 88-578, 88th Congress, for financing administrative and project costs thereunder. The Game and Parks Commission may make grants-in-aid to political subdivisions of the state from money made available for matching purposes by state appropriations in amounts not exceeding twenty-five percent of the cost of approved projects submitted by such political subdivisions. Any money in the fund available for investment shall be invested by the state investment officer pursuant to the Nebraska Capital Expansion Act and the Nebraska State Funds Investment Act.

Source:Laws 1965, c. 6, § 2, p. 76; Laws 1967, c. 219, § 1, p. 593; Laws 1969, c. 584, § 39, p. 2367; Laws 1995, LB 7, § 33; R.S.Supp.,1996, § 37-428; Laws 1998, LB 922, § 366.


Cross References

37-906. Land and Water Conservation Fund; federal funds; allocation; reallocation; manner; restriction.

Federal funds advanced to the State of Nebraska through grants-in-aid under the provisions of Public Law 88-578, 88th Congress, for approved projects shall be deposited in the Land and Water Conservation Fund and used for financing such approved projects. Federal funds paid to the state in reimbursement of expenditures previously made by the state or its political subdivisions shall be returned to the fund from which such expenditures were made, except that after July 1, 1971, no funds shall be expended for projects which will not qualify for federal reimbursement under the provisions of Public Law 88-578, 88th Congress. Forty percent of the federal funds annually allocated to the State of Nebraska are hereby reallocated to state projects and sixty percent to the projects of political subdivisions. Funds reallocated to state projects may be made available to political subdivisions prior to the end of any fiscal year if such funds are not allocated for use in state projects. The Game and Parks Commission shall have discretionary authority to reallocate funds to the political subdivisions. If political subdivisions have submitted approved projects in excess of available funds during any fiscal year, the commission shall consider all such approved projects and use the factors of equity, population, and need in determining allocations thereto of available funds. If any project allocation exceeds actual project cost, the overage shall be returned to the Land and Water Conservation Fund for reallocation under the provisions of this section.

Source:Laws 1965, c. 6, § 3, p. 77; Laws 1971, LB 222, § 1; Laws 1975, LB 271, § 1; R.S.1943, (1993), § 37-429; Laws 1998, LB 922, § 367.


37-907. State assents to Federal Water Projects Recreation Act; Game and Parks Commission; powers.

The State of Nebraska hereby assents to the provision of an Act of Congress entitled the Federal Water Projects Recreation Act, approved July 9, 1965, Public Law 89-72, 89th Congress, and to any and all existing amendments thereto, including those found in an Act of Congress entitled the Water Resources Development Act of 1974, approved March 7, 1974, Public Law 93-251, 93rd Congress. The Game and Parks Commission is authorized and empowered to perform, within the limits of available funding, such acts as may be necessary to administer, operate, maintain, and replace land and water areas for recreation or fish and wildlife purposes or for both of such purposes in accordance with the provisions of such act as amended. The commission is further authorized to execute an agreement, the performance of which shall be contingent upon funds being made available therefor, to bear the separable costs of federal projects allocated to either or both of such purposes in the proportion specified by such act, as amended, and to pay or repay such costs in accordance with the terms of such agreement.

Source:Laws 1976, LB 779, § 1; R.S.1943, (1996), § 81-815.53; Laws 1998, LB 922, § 368.


37-908. Youth conservation corps projects; Game and Parks Commission; powers and duties; compliance with federal law; funds; use.

(1) The State of Nebraska hereby assents to the provisions of an Act of Congress entitled the Youth Conservation Corps Act, as amended, and also the provisions of Public Law 93-408, 93rd Congress.

(2) The Game and Parks Commission is hereby authorized, empowered, and directed to perform such acts as may be necessary to the establishment and maintenance of youth conservation corps projects, pursuant to the acts of Congress, and in compliance with such acts and with rules and regulations promulgated thereunder.

(3) No funds accruing to the State of Nebraska and the Game and Parks Commission pursuant to such acts of Congress shall be used for any other purpose than the administration of youth conservation corps projects.

Source:Laws 1975, LB 600, § 1; R.S.1943, (1996), § 81-815.50; Laws 1998, LB 922, § 369.


37-909. Youth Conservation Corps Fund; created; funds available; use; investment.

(1) There is hereby created a fund to be known as the Youth Conservation Corps Fund.

(2) All money made available to the Youth Conservation Corps Fund under the provisions of the federal Youth Conservation Corps Act, as amended, and all money made available for matching purposes by state appropriations shall be remitted to the State Treasurer for credit to such fund.

(3) Money in the fund shall be used by the Game and Parks Commission pursuant to the federal Youth Conservation Corps Act, as amended, and also Public Law 93-408, 93rd Congress, for financing project costs thereunder.

(4) The commission may make grants-in-aid to political subdivisions of this state from money available in the Youth Conservation Corps Fund upon such terms and in such amounts as the commission determines.

(5) Any money in the fund available for investment shall be invested by the state investment officer pursuant to the Nebraska Capital Expansion Act and the Nebraska State Funds Investment Act.

Source:Laws 1975, LB 600, § 2; Laws 1995, LB 7, § 105; R.S.1943, (1996), § 81-815.51; Laws 1998, LB 922, § 370.


Cross References

37-910. State assents to Intermodal Surface Transportation Efficiency Act; Game and Parks Commission; powers.

The State of Nebraska hereby assents to the provisions of section 1302 of the Intermodal Surface Transportation Efficiency Act cited as the Symms National Recreational Trails Act of 1991 and establishing the National Recreational Trails Funding Program, Public Law 102-240, 102nd Congress. The Game and Parks Commission is authorized, empowered, and directed to perform all acts necessary on behalf of the State of Nebraska to the conduct and establishment of recreational trails and trail-related projects in accordance with such act of Congress for and within the State of Nebraska. The commission may adopt and promulgate rules and regulations to assist in carrying out the purposes of this section. No funds accruing to the State of Nebraska pursuant to the act shall be used in violation of the act.

Source:Laws 1993, LB 235, § 51; Laws 1996, LB 296, § 3; R.S.1943, (1996), § 81-815.55; Laws 1998, LB 922, § 371.


37-911. Recreational Trails Fund; created; use.

There is hereby created a fund to be known as the Recreational Trails Fund. Federal funds advanced to the State of Nebraska through grants-in-aid under the provisions of Public Law 102-240, 102nd Congress, for approved projects shall be remitted to the State Treasurer for credit to the fund. The money in the fund shall be used by the Game and Parks Commission for the purposes of establishing recreational trails and trail-related projects pursuant to such public law.

Source:Laws 1993, LB 235, § 52; Laws 1996, LB 296, § 3; R.S.1943, (1996), § 81-815.56; Laws 1998, LB 922, § 372.


37-912. Chicago and Northwestern Railroad; acceptance of gift; authorized; commission; powers and duties; section, how construed.

(1) Pursuant to the National Trails System Act, 16 U.S.C. 1241 et seq., the Game and Parks Commission is hereby authorized and directed to accept as a gift, when and if offered, from any present or future owner the entire right-of-way of the Chicago and Northwestern Railroad which lies between milepost 83.3 and milepost 404.5 in Nebraska. In the event a portion of the right-of-way continues in actual rail service, the commission is authorized and directed to accept as a gift the remaining section. So long as the integrity of the right-of-way as an interim recreational trail and for future rail use is not disturbed, the commission is authorized to lease and to grant easement rights on the right-of-way. All revenue collected from such leases shall be remitted to the State Treasurer for credit to the Cowboy Trail Fund and shall be used for the development and maintenance of the Cowboy Trail. The commission shall hold the right-of-way for interim trail use as a state recreational trail, to preserve wildlife habitat, and to provide a conservation, communications, utilities, and transportation corridor and for other uses approved by the commission and allowed by the National Trails System Act. The commission shall keep in good repair all crossings over the trail in accordance with its legal obligations, including all the grading, bridges, ditches, and culverts that may be necessary for such crossings within the right-of-way.

(2) The right-of-way may be accepted without any further legislative action or approval of the Governor but only if the State of Nebraska is indemnified in a manner satisfactory to the commission against the costs of remedial action and environmental cleanup for conditions arising prior to conveyance to the state and the title is free and clear of all liens and mortgage or deed of trust encumbrances.

(3) The commission may accept money from any public or private source for gift-acceptance costs, for the development and maintenance of the trail, or for other uses consistent with the purposes stated in this section. The commission may use funds available in the Trail Development Assistance Fund to carry out this section as provided in section 37-1003. Any money from the Trail Development Assistance Fund so used shall be transferred to the Cowboy Trail Fund.

(4) The commission may enter into an agreement with any public entity at any time for the development and maintenance of the trail pursuant to this section.

(5) This section shall not be construed to limit the power of eminent domain of the state or its agencies or of any political subdivision.

Source:Laws 1993, LB 739, § 2; Laws 1994, LB 1066, § 101; R.S.1943, (1996), § 81-815.59; Laws 1998, LB 922, § 373.


37-913. Cowboy Trail Fund; created; use; investment.

(1) There is hereby created the Cowboy Trail Fund. Any money in the fund available for investment shall be invested by the state investment officer pursuant to the Nebraska Capital Expansion Act and the Nebraska State Funds Investment Act. Money accepted or transferred pursuant to subsection (3) of section 37-912 shall be remitted to the State Treasurer for credit to the fund.

(2) The State Treasurer shall transfer one hundred thousand dollars from the Nebraska Youth Conservation Program Fund on March 31, 2016, to the Cowboy Trail Fund. The Game and Parks Commission shall use money transferred to the Cowboy Trail Fund under this subsection for the development of undeveloped portions of the Cowboy Trail but shall not expend any money under this subsection unless the amount is matched both by a public entity and by a private entity for each expenditure.

Source:Laws 1998, LB 922, § 374; Laws 2016, LB957, § 2.    


Cross References

37-914. National Trails System Act; commission; railroad right-of-way; acquisition; uses; conditions.

(1) Pursuant to the National Trails System Act, and with the consent of the Governor pursuant to section 37-303, the Game and Parks Commission may acquire by gift, devise, or purchase all or any part of a railroad right-of-way in the state proposed to be abandoned for interim trail use. The commission, pursuant to the National Trails System Act, shall hold the right-of-way for one or more of the following uses:

(a) To provide a state recreational trail open to the public;

(b) To preserve wildlife habitat;

(c) To provide a conservation, communications, utilities, and transportation corridor; and

(d) Other uses approved by the commission.

(2) The right-of-way may be acquired only if the State of Nebraska is reasonably protected in a manner satisfactory to the commission for the costs of remedial action and environmental cleanup for conditions arising prior to conveyance to the state and the title is free and clear of all liens and encumbrances.

(3) The commission may use funds available by gift, appropriation, the Trail Development Assistance Fund, and other appropriate cash funds for uses consistent with those stated in this section and sections 37-303 and 37-1003.

(4) As long as the integrity of the right-of-way as an interim recreational trail and future rail use is not disturbed, the commission may lease and grant easement rights on the right-of-way. Any lease or use allowed shall be subject to all prescriptions of the National Trails System Act. All revenue collected from such leases shall be remitted to the State Treasurer for credit to the Trail Development Assistance Fund pursuant to sections 37-1003 and 37-1004.

(5) The commission shall continue to allow all crossings across the right-of-way acquired at the time of acquisition on substantially the same terms and conditions as they existed prior to acquisition unless otherwise agreed between the commission and interested parties.

(6) The acquisition of the right-of-way shall be subject to the restoration of rail service. If a proposal for the operation of a railroad is approved by the federal Surface Transportation Board, the right-of-way shall be sold for the market value of the land and improvements and conditioned upon (a) the operation of a railroad along the right-of-way, (b) the grant of an easement to the commission for recreational trail use adjacent to the railroad if such use is feasible, and (c) the return of the right-of-way to the commission if rail service is discontinued.

Source:Laws 1996, LB 584, § 18; R.S.1943, (1996), § 81-815.65; Laws 1998, LB 922, § 375; Laws 2011, LB259, § 1.    


37-915. Repealed. Laws 2016, LB957, § 24.

37-916. Repealed. Laws 2016, LB957, § 24.

37-917. Repealed. Laws 2016, LB957, § 24.

37-918. Repealed. Laws 2016, LB957, § 24.

37-919. Repealed. Laws 2016, LB957, § 24.

37-920. Repealed. Laws 2016, LB957, § 24.

37-921. Repealed. Laws 2016, LB957, § 24.

37-1001. Act, how cited; termination.

Sections 37-1001 to 37-1008 shall be known and may be cited as the Trail Development Assistance Act. The Trail Development Assistance Act shall terminate January 1, 2010, and any money in the Trail Development Assistance Fund at such time shall be transferred to the General Fund.

Source:Laws 1991, LB 714, § 1; R.S.1943, (1993), § 37-1501; Laws 1998, LB 922, § 376; Laws 1999, LB 176, § 99.    Termination Date: January 1, 2010


37-1002. Legislative findings.

The Legislature finds that the abandonment of railroad rights-of-way in this state provides a unique opportunity to develop a statewide system of recreational trails by which citizens of Nebraska may enjoy the greenways or linear parks that will result and that such trails may act to preserve wildlife habitat and create conservation corridors. The Legislature further finds that it is in the public's interest to develop abandoned railroad rights-of-way and to do so through fostering public and private cooperation.

Source:Laws 1991, LB 714, § 2; R.S.1943, (1993), § 37-1502; Laws 1998, LB 922, § 377. Termination Date: January 1, 2010


37-1003. Trail Development Assistance Fund; created; use; investment.

The Trail Development Assistance Fund is hereby created. The fund shall consist of any direct appropriation by the Legislature and any funds received as gifts, bequests, or other contributions to such fund from public or private entities. The fund shall be administered by the Game and Parks Commission and shall be used to assist in the purchase, development, and maintenance of recreational trails within the state. Any money in the fund available for investment shall be invested by the state investment officer pursuant to the Nebraska Capital Expansion Act and the Nebraska State Funds Investment Act.

Source:Laws 1991, LB 714, § 3; Laws 1994, LB 1066, § 24; R.S.Supp.,1996, § 37-1503; Laws 1998, LB 922, § 378. Termination Date: January 1, 2010


Cross References

37-1004. Funding; application; grants; section, how construed.

(1) Any natural resources district, political subdivision, other public agency, or private nonprofit organization whose primary purpose is the purchase, development, or maintenance of a recreational trail within the state or any combination thereof may apply to the Game and Parks Commission for funding to assist in the purchase, development, and maintenance of a recreational trail within the state.

(2) The commission shall provide funds to a qualified applicant from the Trail Development Assistance Fund. The funds shall be disbursed to a qualified applicant as a lump-sum grant to be used as matching funds for no more than fifty percent of the total anticipated cost. This section shall not be construed to prevent agreements pursuant to the Interlocal Cooperation Act or any other agreement either before or after the application is submitted for the grant. Qualified applicants who have submitted their completed applications within sixty days following September 6, 1991, shall receive their disbursements by January 1, 1992.

(3) No real property, leased property, easement, right-of-way, or other property interest which is owned, controlled, managed, or maintained by the commission on September 6, 1991, may be the subject of a grant application under this section.

Source:Laws 1991, LB 714, § 4; R.S.1943, (1993), § 37-1504; Laws 1998, LB 922, § 379. Termination Date: January 1, 2010


Cross References

37-1005. Administrative costs; limitation; rules and regulations.

Administrative costs for the administration of the Trail Development Assistance Fund shall not exceed five percent of the appropriation authorized by the Legislature. The Game and Parks Commission may adopt and promulgate rules and regulations to carry out the Trail Development Assistance Act.

Source:Laws 1991, LB 714, § 5; R.S.1943, (1993), § 37-1505; Laws 1998, LB 922, § 380. Termination Date: January 1, 2010


37-1006. Eminent domain power.

The Trail Development Assistance Act shall not be construed to limit the power of eminent domain of the state or its agencies.

Source:Laws 1991, LB 714, § 6; R.S.1943, (1993), § 37-1506; Laws 1998, LB 922, § 381. Termination Date: January 1, 2010


37-1007. Boundary fences.

Whenever abandoned railroad right-of-way trails are developed pursuant to the Trail Development Assistance Act, boundary fences shall be constructed and maintained as required for railroads in sections 74-601 to 74-604 unless such construction and maintenance is waived in writing by affected adjoining property owners. Such fences shall be deemed to be manifestly designed to exclude intruders for the purposes of subdivision (1)(c) of section 28-521.

Source:Laws 1991, LB 714, § 7; Laws 1994, LB 846, § 1; R.S.Supp.,1996, § 37-1507; Laws 1998, LB 922, § 382. Termination Date: January 1, 2010


37-1008. Warning signs.

Owners or operators of a trail developed pursuant to the Trail Development Assistance Act shall, at appropriate entry points, place signs warning that departures from the boundaries of the trail as marked by fences or otherwise may result in prosecution for trespass.

Source:Laws 1991, LB 714, § 8; R.S.1943, (1993), § 37-1508; Laws 1998, LB 922, § 383. Termination Date: January 1, 2010


37-1009. State agency or political subdivision; establish fees.

A state agency or political subdivision which owns or operates a recreational trail may establish and collect a user fee or a voluntary fee for the use of the trail as determined by the state agency or political subdivision. The fees shall be accounted for separately and shall be used for trail maintenance, operation, and acquisition.

Source:Laws 1996, LB 296, § 1; R.S.Supp.,1996, § 37-1510; Laws 1998, LB 922, § 384.


37-1010. Recreational trails; public policy.

It is the public policy of the State of Nebraska that (1) abandoned railroad rights-of-way should be kept intact for future possible use as recreation, conservation, communications, and transportation corridors and (2) the laws of the State of Nebraska should be construed to effectuate this policy.

Source:Laws 1993, LB 739, § 1; R.S.1943, (1996), § 81-815.58; Laws 1998, LB 922, § 385.


37-1011. Lease of undeveloped land; when.

If any portions of the right-of-way accepted under section 37-912 or 37-914 are not immediately developed as a state recreational trail or for habitat, the Game and Parks Commission shall use its best efforts to lease undeveloped portions of the right-of-way, with first priority to adjacent landowners, for the purposes stated in section 37-912 or 37-914 or for other purposes which are not inconsistent with the purposes of section 37-912 or 37-914 until such time as a state recreational trail or habitat may be developed. Any lease or use allowed shall be subject to all prescriptions of the National Trails System Act.

Source:Laws 1993, LB 739, § 3; Laws 1996, LB 584, § 20; R.S.1943, (1996), § 81-815.60; Laws 1998, LB 922, § 386; Laws 2000, LB 701, § 2.    


37-1012. Responsibility for fences.

(1) The Game and Parks Commission shall have the same responsibility with regard to division fences as a private landowner as provided in sections 34-102 to 34-117, except that in those areas where a state recreational trail is developed, the commission shall have the same responsibility as a railroad as provided in sections 74-601 to 74-604, but the type of fence required under section 74-601 shall not be required for those areas where a state recreational trail is developed. All fences shall be constructed and maintained as required under this subsection unless such construction and maintenance is waived in writing by affected adjoining landowners. The commission shall be responsible for the construction and replacement cost of any fence agreed to by the commission and adjoining landowner. The commission shall also be responsible for providing supplies for the maintenance of any fence along a state recreational trail or for the reimbursement to the adjoining landowner for the cost of supplies for the maintenance of any fence along a state recreational trail. The adjoining landowner shall be responsible for the maintenance of the fence. In such areas the type of fence may be (a) wire fence of at least four barbed wires, of a size not less than twelve and one-half gauge fencing wire, to be secured to posts, the posts to be at no greater distance than one rod from each other, or (b) a fence of any type that is agreed to by the commission and adjoining landowners. All fences constructed under either subdivision (a) or (b) of this subsection shall be deemed to be manifestly designed to exclude intruders for the purposes of subdivision (1)(c) of section 28-521.

(2) The responsibility of the commission for fences along a state recreational trail shall not exceed the amount appropriated to the commission by the Legislature for such purpose during any biennium, except that the commission may use any funds specifically gifted or obtained by grant application to the commission the sole purpose of which is to provide fencing for a state recreational trail.

(3) The commission shall adopt and promulgate rules and regulations to carry out this section.

Source:Laws 1993, LB 739, § 4; R.S.1943, (1996), § 81-815.61; Laws 1998, LB 922, § 387; Laws 2000, LB 701, § 3;    Laws 2007, LB108, § 8.    


37-1013. Sanitary facilities required; camping or open fires prohibited.

If the right-of-way or any portion thereof is used as a state recreational trail pursuant to sections 37-912 and 37-1011, appropriate sanitary facilities shall be provided along the trail for the use of persons using the trail. Camping or open fires shall be prohibited on such right-of-way or portion thereof.

Source:Laws 1993, LB 739, § 5; R.S.1943, (1996), § 81-815.62; Laws 1998, LB 922, § 388; Laws 2000, LB 701, § 4.    


37-1014. Rules and regulations.

If the right-of-way or portion thereof is used as a state recreational trail or for other purposes as provided in sections 37-912 and 37-1011, the Game and Parks Commission shall adopt and promulgate rules and regulations to carry out the purposes of sections 37-912 and 37-1010 to 37-1013.

Source:Laws 1993, LB 739, § 6; R.S.1943, (1996), § 81-815.63; Laws 1998, LB 922, § 389; Laws 2000, LB 701, § 5.    


37-1015. State Recreational Trails Coordinator; duties.

(1) The position of State Recreational Trails Coordinator may be established and appointed by the Game and Parks Commission. Necessary office space, furniture, equipment, and supplies as well as necessary professional, technical, and clerical assistance shall be provided by the commission.

(2) The duties of the State Recreational Trails Coordinator shall include, but not be limited to:

(a) Maintaining and updating the Nebraska Comprehensive Trails Plan. For purposes of this section, Nebraska Comprehensive Trails Plan means the document dated July 1994 and entitled A Network of Discovery: A Comprehensive Trails Plan for the State of Nebraska;

(b) Marketing and promoting trails across the state;

(c) Maintaining and updating an inventory of trails programs in Nebraska;

(d) Providing a central point for exchanging information among communities with trails programs;

(e) Providing organizational and technical assistance to communities and regional groups;

(f) Managing the state trails application and evaluation process;

(g) Coordinating state government's trails development efforts and administering the state trails program;

(h) Preparing and publishing an annual report on trails development in the state;

(i) Monitoring and filing paperwork on rail abandonments when necessary, consistent with rail-watch corridors established by the Nebraska Comprehensive Trails Plan or its updates; and

(j) Managing other right-of-way acquisition efforts when state involvement becomes necessary.

Source:Laws 1996, LB 296, § 2; R.S.1943, (1996), § 81-815.64; Laws 1998, LB 922, § 390; Laws 2003, LB 804, § 1.    


37-1016. Cowboy Trail; Game and Parks Commission; lease or transfer of portions authorized.

The Game and Parks Commission may lease or otherwise transfer portions of the Cowboy Trail to a political subdivision. The commission may lease portions of the Cowboy Trail to a nonprofit organization. The lessee or transferee shall maintain the property at its own expense. Any such lease or transfer shall be subject to the requirements of the federal National Trails System Act, 16 U.S.C. 1241, as such act and section existed on January 1, 2013.

Source:Laws 2013, LB493, § 1.    


37-1101. Transferred to section 37-434.

37-1102. Transferred to section 37-435.

37-1103. Transferred to section 37-436.

37-1104. Transferred to section 37-437.

37-1105. Transferred to section 37-438.

37-1105.01. Repealed. Laws 1981, LB 74, § 3.

37-1105.02. Repealed. Laws 1980, LB 723, § 9.

37-1105.03. Repealed. Laws 1980, LB 723, § 9.

37-1106. Repealed. Laws 1980, LB 723, § 9.

37-1107. Repealed. Laws 1980, LB 723, § 9.

37-1107.01. Transferred to section 37-439.

37-1108. Transferred to section 37-440.

37-1109. Transferred to section 37-441.

37-1110. Transferred to section 37-442.

37-1111. Transferred to section 37-443.

37-1112. Transferred to section 37-444.

37-1113. Transferred to section 37-445.

37-1114. Transferred to section 37-446.

37-1201. Act, how cited; declaration of policy.

Sections 37-1201 to 37-12,110 shall be known and may be cited as the State Boat Act. It is the policy of this state to promote safety for persons and property in and connected with the use, operation, and equipment of vessels and to promote uniformity of laws relating thereto.

Source:Laws 1978, LB 21, § 1; Laws 2004, LB 560, § 3;    Laws 2009, LB49, § 3;    Laws 2009, LB202, § 1;    Laws 2011, LB667, § 8;    Laws 2017, LB263, § 2.    
Operative Date: August 24, 2017


37-1202. Definitions, where found.

For the purposes of the State Boat Act, unless the context otherwise requires, the definitions found in sections 37-1203 to 37-1210 shall be used.

Source:Laws 1978, LB 21, § 2; Laws 1989, LB 195, § 1; Laws 1999, LB 176, § 100.    


37-1203. Vessel, defined.

Vessel shall mean every description of watercraft, other than a seaplane on the water, used or capable of being used as a means of transportation on water.

Source:Laws 1978, LB 21, § 3.


37-1204. Motorboat, defined.

Motorboat shall mean any watercraft propelled in any respect by machinery, including watercraft temporarily equipped with detachable motors, but shall not include a vessel which has a valid marine document issued by the Bureau of Customs of the United States Government or any federal agency successor thereto.

Source:Laws 1978, LB 21, § 4.


37-1204.01. Personal watercraft, defined.

Personal watercraft shall mean a class of motorboat less than sixteen feet in length which uses an internal combustion engine powering a jet pump as its primary source of motive propulsion and is designed to be operated by a person sitting, standing, or kneeling on the watercraft rather than in the conventional manner of boat operation.

Source:Laws 1999, LB 176, § 101.    


37-1205. Owner, defined.

Owner shall mean a person, other than a lienholder, having the property in or title to a motorboat. The term shall include a person entitled to the use or possession of a motorboat subject to an interest in another person, reserved or created by agreement and securing payment or performance of an obligation, but the term shall exclude a lessee under a lease not intended as security.

Source:Laws 1978, LB 21, § 5.


37-1206. Waters of this state, defined.

Waters of this state shall mean any waters within the territorial limits of Nebraska.

Source:Laws 1978, LB 21, § 6.


37-1207. Person, defined.

Person shall mean an individual, partnership, limited liability company, firm, corporation, association, or other entity.

Source:Laws 1978, LB 21, § 7; Laws 1993, LB 121, § 204.


37-1208. Operate, defined.

Operate shall mean to navigate or otherwise use a motorboat or vessel.

Source:Laws 1978, LB 21, § 8.


37-1209. Commission, defined.

Commission shall mean the Game and Parks Commission.

Source:Laws 1978, LB 21, § 9.


37-1210. Length, defined.

Length, as it applies to vessels, shall mean extreme overall length.

Source:Laws 1978, LB 21, § 10.


37-1211. Motorboat; numbering required; operation of unnumbered motorboat prohibited; exceptions.

(1) Except as provided in subsections (2) and (3) of this section and sections 37-1249 and 37-1250, every motorboat on the waters of this state shall be numbered and no person shall operate or give permission for the operation of any vessel on such waters unless the vessel is numbered in accordance with the State Boat Act or in accordance with the laws of another state if the commission has by regulation approved the numbering system of such state and unless the certificate of number awarded to such vessel is in full force and effect and the identifying number set forth in the certificate of number is displayed and legible on each side of the forward half of the vessel.

(2) The owner of each motorboat may operate or give permission for the operation of such vessel for thirty days from the date the vessel was acquired in anticipation of the vessel being numbered. A duly executed bill of sale, certificate of title, or other satisfactory evidence of the right of possession of the vessel as prescribed by the Department of Motor Vehicles must be available for inspection at all times from the operator of the vessel.

(3) The owner or his or her invitee who operates a personal watercraft on any body of water (a) which is entirely upon privately owned land owned by only one person or one family and, if leased, leased by only one person or one family, (b) which does not connect by any permanent or intermittent inflow or outflow with other water outside such land, and (c) which is not operated on a commercial basis for profit may operate any personal watercraft on such body of water without complying with subsection (1) of this section.

Source:Laws 1978, LB 21, § 11; Laws 1995, LB 376, § 1; Laws 1998, LB 922, § 394; Laws 2009, LB202, § 2.    


37-1212. Manufacturers; retailers; temporary numbering; certificate; fee.

A person engaged in the manufacture or sale of vessels of a type otherwise required to be numbered under the State Boat Act, upon application to the county treasurer of the county in which the applicant resides or the business location of the manufacturer or retailer on forms prescribed by the commission, may obtain certificates of number for use in the testing or demonstrating of such vessels upon payment of a fee of not less than forty dollars and not more than forty-six dollars, as established by the commission pursuant to section 37-327, for each registration. Certificates of number so issued may be used by the applicant in the testing or demonstrating of vessels by temporary placement of the numbers assigned by such certificate on the vessel so tested or demonstrated. Such temporary placement of numbers shall otherwise be as prescribed by the act.

Source:Laws 1978, LB 21, § 12; Laws 1993, LB 235, § 35; Laws 1998, LB 922, § 395; Laws 2001, LB 131, § 1;    Laws 2003, LB 306, § 20.    


37-1213. Vessels; classification.

Vessels subject to the State Boat Act shall be divided into four classes as follows:

Class 1. Less than sixteen feet in length including all canoes regardless of length;

Class 2. Sixteen feet or over and less than twenty-six feet in length;

Class 3. Twenty-six feet or over and less than forty feet in length; and

Class 4. Forty feet or over.

Source:Laws 1978, LB 21, § 13; Laws 1999, LB 176, § 110.    


37-1214. Motorboat; registration; period valid; application; registration fee; Aquatic Invasive Species Program fee; aquatic invasive species stamp.

(1) Except as otherwise provided in section 37-1211, the owner of each motorboat shall register such vessel or renew the registration every three years as provided in section 37-1226. The owner of such vessel shall file an initial application for a certificate of number pursuant to section 37-1216 with a county treasurer on forms approved and provided by the commission. The application shall be signed by the owner of the vessel, shall contain the year manufactured, and shall be accompanied by a registration fee for the three-year period of not less than twenty dollars and not more than twenty-three dollars for Class 1 boats, not less than forty dollars and not more than forty-six dollars for Class 2 boats, not less than sixty dollars and not more than sixty-seven dollars and fifty cents for Class 3 boats, and not less than one hundred dollars and not more than one hundred fifteen dollars for Class 4 boats, as established by the commission pursuant to section 37-327. The owner of the motorboat shall also pay a fee established pursuant to section 37-327 of not less than five dollars and not more than ten dollars for the Aquatic Invasive Species Program at the time of registration or renewal.

(2) The owner of a motorboat not registered in Nebraska shall purchase an aquatic invasive species stamp for the Aquatic Invasive Species Program valid for one calendar year prior to launching into any waters of the state. The cost of such one-year stamp shall be established pursuant to section 37-327 and be not less than ten dollars and not more than fifteen dollars plus an issuance fee pursuant to section 37-406. Such one-year stamp may be purchased electronically or through any vendor authorized by the commission to sell other permits and stamps issued under the Game Law pursuant to section 37-406. The aquatic invasive species stamp shall be permanently affixed on the starboard and rearward side of the vessel. The proceeds from the sale of stamps shall be remitted to the State Game Fund.

(3) This subsection applies beginning on an implementation date designated by the Director of Motor Vehicles in cooperation with the commission. The director shall designate an implementation date on or before January 1, 2020, for motorboat registration. In addition to the information required under subsection (1) of this section, the application for registration shall contain (a) the full legal name as defined in section 60-468.01 of each owner and (b)(i) the motor vehicle operator's license number or state identification card number of each owner, if applicable, and one or more of the identification elements as listed in section 60-484 of each owner, if applicable, and (ii) if any owner is a business entity, a nonprofit organization, an estate, a trust, or a church-controlled organization, its tax identification number.

Source:Laws 1978, LB 21, § 14; Laws 1993, LB 235, § 36; Laws 1994, LB 123, § 1; Laws 1995, LB 376, § 2; Laws 1996, LB 464, § 2; Laws 1997, LB 720, § 1; Laws 1998, LB 922, § 396; Laws 1999, LB 176, § 111;    Laws 2003, LB 305, § 20;    Laws 2003, LB 306, § 21;    Laws 2012, LB801, § 6;    Laws 2015, LB142, § 3;    Laws 2015, LB642, § 1.    


Cross References

37-1215. Motorboat; registration period already commenced; registration fee reduced; computation.

In the event an application is made after the beginning of any registration period for registration of any vessel not previously registered by the applicant in this state, the registration fee on such vessel shall be reduced by one thirty-sixth for each full month of the registration period already expired as of the date such vessel was acquired. The fee for the Aquatic Invasive Species Program shall not be so reduced. The county treasurer shall compute the registration fee on forms and pursuant to rules of the commission.

Source:Laws 1978, LB 21, § 15; Laws 1996, LB 464, § 3; Laws 2012, LB801, § 7;    Laws 2015, LB142, § 4.    


37-1216. Motorboat; application for registration; issuance of a certificate of number; how displayed.

After the owner of the vessel submits an application as provided in section 37-1214 and presents a certificate of title if required pursuant to section 37-1276, the county treasurer shall enter the application upon the records of the office and issue to the applicant a certificate of number stating the number awarded to the vessel and the name and address of the owner. The number shall be displayed on each side of the bow, and the numbers shall be at least three inches high, of block characteristics, contrasting in color with the boat, and clearly visible from a distance of one hundred feet. The commission shall assign each county treasurer a block of numbers and certificates therefor.

Source:Laws 1978, LB 21, § 16; Laws 1994, LB 123, § 2; Laws 1996, LB 464, § 4; Laws 1997, LB 720, § 2; Laws 2012, LB801, § 8.    


37-1217. Motorboat; registration; fee to recover administrative costs.

When the county treasurer or the commission registers a vessel, such county treasurer or the commission shall be entitled to collect and retain a fee, in addition to the registration fee, of not less than three dollars and not more than four dollars on each registration issued, as established by the commission pursuant to section 37-327, as reimbursement for administrative costs incurred in issuing such certificate of registration. Such fee shall be credited to the general fund of the county and shall be included by the county treasurer in his or her report of fees as provided by law.

Source:Laws 1978, LB 21, § 17; Laws 1993, LB 235, § 37; Laws 1996, LB 464, § 5; Laws 1998, LB 922, § 397; Laws 2003, LB 306, § 22;    Laws 2012, LB801, § 9.    


37-1218. Motorboat; registration transmitted to Game and Parks Commission; when; duplicate copy.

Each county treasurer providing registration to an owner of a vessel shall transmit on or before the thirtieth day of the following month registration information to the commission. The county treasurer shall retain a duplicate copy of the registration.

Source:Laws 1978, LB 21, § 18; Laws 1996, LB 464, § 6; Laws 2001, LB 131, § 2;    Laws 2012, LB801, § 10.    


37-1218.01. Repealed. Laws 2001, LB 131, § 8.

37-1219. Registration fees; fees for Aquatic Invasive Species Program; remitted to commission; when; form; duplicate copy.

All registration fees and fees for the Aquatic Invasive Species Program received by the county treasurers shall be remitted on or before the thirtieth day of the following month to the secretary of the commission. All remittances shall be upon a form to be furnished by the commission and a duplicate copy shall be retained by the county treasurer.

Source:Laws 1978, LB 21, § 19; Laws 1996, LB 464, § 7; Laws 2012, LB801, § 11;    Laws 2015, LB142, § 5.    


37-1220. Fees; deposited with State Treasurer; placed in State Game Fund.

The secretary of the commission shall deposit daily with the State Treasurer all fees received pursuant to section 37-1219 and shall take the receipt of the State Treasurer therefor. The State Treasurer shall place all of the fees so deposited in the State Game Fund.

Source:Laws 1978, LB 21, § 20; Laws 2015, LB142, § 6.    


37-1221. Motorboat; number awarded; maintained in legible condition; certificate of number; available for inspection; when removed.

(1) The number awarded or assigned pursuant to section 37-1216 shall be maintained in legible condition. The certificate of number shall be pocket size and shall be available at all times for inspection on the vessel for which issued, whenever such vessel is in operation.

(2) The person whose name appears on a certificate of number as an owner of a vessel shall remove the number and identification symbol when (a) the vessel is documented by the United States Coast Guard, (b) the certificate of number was obtained by false statement, (c) the fees for issuance of a number are not paid, or (d) the vessel is no longer principally used in the state where the certificate was issued.

Source:Laws 1978, LB 21, § 21.


37-1222. Vessel; previously numbered under a federally approved numbering system; registration of number; when.

The owner of any vessel already covered by a number in full force and effect which has been awarded to it pursuant to then operative federal law or a federally approved numbering system of another state shall register the number prior to operating the vessel on the waters of this state in excess of the sixty-day reciprocity period provided for in subdivision (1) of section 37-1249. Such registration shall be in the manner and pursuant to the procedure required for the award of a number under sections 37-1214 to 37-1217.

Source:Laws 1978, LB 21, § 22.


37-1223. Motorboat; change of ownership; new application; original number retained; when.

If the ownership of a vessel changes, a new application form with fee shall be filed with the county treasurer and a new certificate of number stating the number awarded shall be issued in the same manner as provided for in an original award of number. The county treasurer may allow the new owner to retain the previously assigned boat number if the existing number is serviceable. The commission shall provide procedures for the county treasurers to follow in determining whether the existing number is serviceable.

Source:Laws 1978, LB 21, § 23; Laws 1996, LB 464, § 8; Laws 2012, LB801, § 12.    


37-1224. Motorboat; removed from the state or transferred; registration fee; claim for refund; how computed.

When the owner of any vessel registered under the State Boat Act moves out of the state or upon the transfer of ownership of any vessel, such owner or transferor shall be credited with the number of unexpired months remaining in the registration period. If such vessel is removed from the state or transferred within the same calendar month in which it was registered, no refund shall be allowed for such month. Any individual moving out of the state or transferring ownership to any vessel may file a claim for refund with the commission upon forms provided by the commission. The commission shall make payment to the claimant from money available from the State Game Fund appropriated for such purpose, but no refund shall be paid if less than twelve months remains in the registration period.

Source:Laws 1978, LB 21, § 24; Laws 1999, LB 176, § 112.    


37-1225. United States Government vessel identification numbering system; effect.

In the event that an agency of the United States Government shall have in force an overall system of identification numbering for vessels within the United States, the commission may by rules and regulations adopt such numbering system as the numbering system pursuant to the State Boat Act.

Source:Laws 1978, LB 21, § 25; Laws 1999, LB 176, § 113.    


37-1226. Motorboat; certificate of number and number awarded; period valid; renewal; fee.

(1) Every certificate of number and number awarded pursuant to the State Boat Act shall continue in full force and effect for a period of three years unless sooner terminated or discontinued. The numbering periods shall commence January 1 of each year and expire on December 31 of every three-year numbering period thereafter.

(2) Certificates of number and the number awarded may be renewed by the owner by presenting the previously issued certificate of number to the county treasurer or an agent authorized to issue renewals. An owner whose registration has expired shall have until March 1 following the year of expiration to renew such registration.

(3) The fee for renewal shall be the same as for original registration as provided in section 37-1214.

Source:Laws 1978, LB 21, § 26; Laws 1994, LB 123, § 19; Laws 1996, LB 464, § 9; Laws 1999, LB 176, § 114;    Laws 2012, LB801, § 13.    


37-1227. Certificate of number; lost or destroyed; replacement; fee.

In the event of loss or destruction of the certificate of number, the owner of the vessel shall apply to the county treasurer on forms provided by the commission for replacement of such lost certificate of number. Upon satisfactory proof of loss and the payment to the county treasurer of a fee of not less than one dollar and not more than five dollars, as established by the commission, the county treasurer shall issue a duplicate certificate of number.

Source:Laws 1978, LB 21, § 27; Laws 1993, LB 235, § 38; Laws 1996, LB 464, § 10; Laws 1998, LB 922, § 399; Laws 2001, LB 131, § 3;    Laws 2012, LB801, § 14.    


37-1228. Certificate of number; contents.

Every certificate of number shall contain the following information: Name and address of the owner, classification number or letter as classified by the commission, length, type of construction, material used in the boat, whether inboard or outboard motor power, type of fuel, make, and the hull identification number.

Source:Laws 1978, LB 21, § 28; Laws 1999, LB 176, § 115;    Laws 2001, LB 131, § 4.    


37-1229. Motorboat; transfer, theft, recovery, destruction, or abandonment; notice to commission; certificate; terminated or declared invalid; when.

(1) The owner of any vessel shall furnish the commission notice of the transfer of all or any part of his interest, other than the creation of a security interest, in a vessel numbered in this state pursuant to sections 37-1214 to 37-1217 or of the theft, recovery, destruction, or abandonment of such vessel, within fifteen days thereof. Such transfer, theft, destruction, or abandonment shall terminate the certificate of number and number awarded for such vessel except that in the case of a transfer of a part interest which does not affect the owner's right to operate such vessel, such transfer shall not terminate the certificate of number and number awarded.

(2) The certificate of number shall be declared invalid when (a) the vessel is required to be documented, (b) the certificate of number was obtained falsely, (c) the necessary fees were not paid, or (d) the person whose name appears on the certificate involuntarily loses his interest in the numbered vessel by legal processes.

Source:Laws 1978, LB 21, § 29.


37-1230. Certificate of number; change of address; notice to commission.

Any holder of a certificate of number shall notify the commission within fifteen days if his address no longer conforms to the address appearing on the certificate and shall, as a part of such notification, furnish the commission with his new address. The commission shall provide in its rules and regulations for the alteration of an outstanding certificate to show the new address of the holder.

Source:Laws 1978, LB 21, § 30.


37-1231. Number other than number awarded attached to bow; prohibited.

No number other than the number awarded to a vessel or granted reciprocity pursuant to the State Boat Act shall be attached on either side of the bow of such vessel.

Source:Laws 1978, LB 21, § 31; Laws 1999, LB 176, § 116.    


37-1232. Vessel; carry and exhibit lights; when.

Every vessel in all weather from sunset to sunrise shall carry and exhibit the lights prescribed by sections 37-1233 to 37-1238 when underway, and during such time no other lights which may be mistaken for those prescribed shall be exhibited.

Source:Laws 1978, LB 21, § 32.


37-1233. Class 1 and 2 motorboats; lights required; enumerated.

Under the conditions described in section 37-1232, every vessel of Classes 1 and 2 propelled by machinery shall carry the following lights:

(1) A lantern or flashlight;

(2) A combined lantern in the forepart of the vessel and lower than the white light aft, showing green to starboard and red to port side, each showing an unbroken light over an arc of the horizon of one hundred twelve and five-tenths degrees and so fixed as to show the light from right ahead to twenty-two and five-tenths degrees abaft the beam on its respective side; and

(3) A white light aft which shall show all around the horizon.

Source:Laws 1978, LB 21, § 33; Laws 1989, LB 169, § 1.


37-1234. Class 3 and 4 motorboats; lights required; enumerated.

Under the conditions described in section 37-1232, every vessel of Classes 3 and 4 propelled by machinery shall carry the following lights:

(1) A lantern or flashlight;

(2) A white light placed over the fore and the aft centerline of the vessel showing an unbroken light over an arc of the horizon of two hundred twenty-five degrees and so fixed as to show the light from right ahead to twenty-two and five-tenths degrees abaft the beam on either side of the vessel;

(3) A white light aft to show all around the horizon and higher than the white light forward; and

(4) On the starboard side a green light so constructed as to show an unbroken light over an arc of the horizon one hundred twelve and five-tenths degrees, so fixed as to throw the light from right ahead to twenty-two and five-tenths degrees abaft the beam on the starboard side. On the port side a red light so constructed as to show an unbroken light over an arc of the horizon of one hundred twelve and five-tenths degrees, so fixed as to throw the light from right ahead to twenty-two and five-tenths degrees abaft the beam on the port side. Such side lights shall be fitted with inboard screen of sufficient height so set as to prevent these lights from being seen across the bow.

Source:Laws 1978, LB 21, § 34; Laws 1989, LB 169, § 2.


37-1235. Vessels propelled by sail or hand power; lights required.

(1) Under the conditions described in section 37-1232, all vessels when propelled by sail alone shall carry (a) a lantern or flashlight and (b) the red and green side lights suitably screened, but not the white lights, prescribed by sections 37-1233 and 37-1234. Vessels of all classes when so propelled shall carry a white light placed as nearly as practicable at the stern showing an unbroken light over an arc of the horizon of one hundred thirty-five degrees and so fixed as to show the light sixty-seven and five-tenths degrees from right aft on each side of the vessel.

(2) Rowboats and canoes or other vessels under hand power shall display a white light showing an unbroken light over an arc of the horizon of three hundred sixty degrees in time to avoid collision.

Source:Laws 1978, LB 21, § 35; Laws 1989, LB 169, § 3.


37-1236. Lights; visibility requirements.

Every white light prescribed by sections 37-1233 to 37-1235 shall be of such character as to be visible at a distance of at least two miles. Every colored light prescribed by sections 37-1233 to 37-1235 shall be of such character as to be visible at a distance of at least one mile. The word visible in this section, when applied to lights, shall mean visible on a dark night with clear atmosphere.

Source:Laws 1978, LB 21, § 36.


37-1237. Vessel propelled by sail and machinery; lights required.

Under the conditions prescribed in section 37-1232 and when propelled by sail and machinery, any vessel shall carry the lights required for a vessel propelled by machinery only.

Source:Laws 1978, LB 21, § 37.


37-1238. Lights required by federal rules; commission; option to adopt.

The commission may adopt and promulgate rules and regulations providing that any vessel may carry and exhibit the lights required by the Inland Navigational Rules Act of 1980, as amended, 33 U.S.C. 2001 et seq., in lieu of the lights required by sections 37-1232 to 37-1237.

Source:Laws 1978, LB 21, § 38; Laws 1993, LB 235, § 39.


37-1238.01. Vessel equipped with red or blue light; limitation on operation.

No person other than a rescue squad member actually en route to, at, or returning from any emergency requiring the services of such member or any peace officer in the performance of his or her official duties shall operate a vessel equipped with a rotating or flashing red or blue light or lights upon the waters of this state.

Source:Laws 1993, LB 235, § 42; Laws 2011, LB667, § 9.    


37-1238.02. Vessel signaled to stop; violation; penalty.

The operator of any vessel when signaled to stop either by hand signals or by the display of a rotating or flashing red or blue light or lights shall immediately bring such vessel to a stop or follow the directions given by any officer having the authority to enforce the State Boat Act. Violation of this section shall be a Class IV misdemeanor.

Source:Laws 1993, LB 235, § 43.


37-1239. Class 2, 3, or 4 vessel; sound-producing equipment required.

Every vessel of Class 2, 3, or 4 shall be provided with an efficient whistle or other sound-producing mechanical appliance.

Source:Laws 1978, LB 21, § 39.


37-1240. Class 3 or 4 vessel; bell required.

Every vessel of Class 3 or 4 shall be provided with an efficient bell.

Source:Laws 1978, LB 21, § 40.


37-1241. All vessels; floatation device; requirements; exceptions.

(1) Every vessel except sailboards shall carry at least one life preserver, ring buoy, or other device of the sort prescribed by the regulations of the commission for each person on board, so placed as to be readily accessible, except that every vessel carrying passengers for hire shall carry so placed as to be readily accessible at least one life preserver of the sort prescribed by the regulations of the commission for each person on board. Every vessel except canoes, kayaks, sailboards, and personal watercraft shall carry at least one throwable floatation device which shall be in addition to the devices required for each person on board.

(2) Subsection (1) of this section shall not apply to any racing shell or rowing scull during an authorized race or regatta or an officially supervised training session if at least one approved floatation device is carried aboard an accompanying vessel for each person in such racing shell or rowing scull. Such floatation devices shall be in addition to those required for each person aboard the accompanying vessel.

(3) For purposes of this section, sailboard means a surfboard-type vessel with no freeboard and using a free-sail system with a swivel-mounted mast not secured to a hull by guys or stays.

Source:Laws 1978, LB 21, § 41; Laws 1993, LB 235, § 40; Laws 1999, LB 176, § 117.    


37-1241.01. Personal watercraft; applicability of laws, rules, and regulations.

Except as provided in sections 37-1241.02 to 37-1241.08, a personal watercraft shall be subject to all applicable laws, rules, and regulations which govern the operation, equipment, registration, and numbering of and all other matters relating to vessels whenever a personal watercraft is operated on the waters of this state.

Source:Laws 1999, LB 176, § 102.    


37-1241.02. Personal watercraft; operation requirements.

(1) A personal watercraft may not be operated on the waters of this state unless each person aboard the personal watercraft is wearing a Type I, Type II, Type III, or Type V United States Coast Guard-approved floatation device.

(2) Each person operating a personal watercraft on the waters of this state which is equipped by the manufacturer with a lanyard-type engine cutoff switch shall attach the lanyard to the operator's person, clothing, or floatation device as appropriate.

Source:Laws 1999, LB 176, § 103.    


37-1241.03. Personal watercraft; time restrictions.

A person shall not operate a personal watercraft on the waters of this state during the period from sunset to sunrise.

Source:Laws 1999, LB 176, § 104;    Laws 2001, LB 131, § 5.    


37-1241.04. Personal watercraft; manner of operation.

(1) A person shall operate a personal watercraft on the waters of this state in a reasonable and prudent manner. A maneuver which unreasonably or unnecessarily endangers life, limb, or property is prohibited and includes weaving through congested vessel traffic, jumping the wake produced by another vessel at a distance of less than fifty yards, or jumping the wake produced by a motorboat or personal watercraft that is towing a person or persons.

(2) A person shall not operate a personal watercraft on the waters of this state unless he or she is facing forward on the watercraft.

Source:Laws 1999, LB 176, § 105;    Laws 2003, LB 305, § 21.    


37-1241.05. Personal watercraft; towing; when permitted.

A person shall not operate a personal watercraft on the waters of this state to tow a person on water skis, kneeboards, inflatable crafts, or any other device unless the personal watercraft is designed to accommodate more than one person and the personal watercraft is recommended by the manufacturer to tow such devices.

Source:Laws 1999, LB 176, § 106.    


37-1241.06. Motorboat or personal watercraft; age restrictions; boating safety course; fee.

(1)(a) No person under fourteen years of age shall operate a motorboat or personal watercraft on the waters of this state.

(b) No person under sixteen years of age shall operate a motorboat or personal watercraft on the waters of this state with an individual in tow behind the motorboat or personal watercraft.

(2) Effective January 1, 2012, no person born after December 31, 1985, shall operate a motorboat or personal watercraft on the waters of this state unless he or she has successfully completed a boating safety course approved by the commission and has been issued a valid boating safety certificate.

(3) The commission may charge a fee of no more than ten dollars for a boating safety course required by this section.

Source:Laws 1999, LB 176, § 107;    Laws 2003, LB 305, § 22;    Laws 2011, LB105, § 1.    


37-1241.07. Motorboat or personal watercraft; age restriction on lease, hire, or rental; restriction on operation; duties of owner, agent, or employee.

(1) The owner of a boat livery, or his or her agent or employee, shall not lease, hire, or rent a motorboat or personal watercraft to any person under eighteen years of age.

(2) Except as provided in subdivision (1)(a) of section 37-1241.06, a person younger than eighteen years of age may operate a motorboat or personal watercraft rented, leased, or hired by a person eighteen years of age or older if the person younger than eighteen years of age holds a valid boating safety certificate issued under section 37-1241.06.

(3) The owner of a boat livery, or his or her agent or employee, engaged in the business of renting or leasing motorboats shall list on each rental or lease agreement for a motorboat the name and age of each person who is authorized to operate the motorboat. The person to whom the motorboat is rented or leased shall ensure that only those persons who are listed as authorized operators are allowed to operate the motorboat.

(4) The owner of a boat livery, or his or her agent or employee, engaged in the business of renting or leasing motorboats shall display for review by each person who is authorized to operate the motorboat a summary of the statutes and the rules and regulations governing the operation of a motorboat and instructions regarding the safe operation of the motorboat. Each person who is listed as an authorized operator of the motorboat shall review the summary of the statutes, rules, regulations, and instructions and sign a statement indicating that he or she has done so prior to leaving the rental or leasing office.

Source:Laws 1999, LB 176, § 108;    Laws 2003, LB 305, § 23;    Laws 2005, LB 21, § 1;    Laws 2009, LB105, § 36.    


37-1241.08. Sections; applicability.

Sections 37-1241.01 to 37-1241.07 shall not apply to a person operating a motorboat or personal watercraft and participating in a regatta, race, marine parade, tournament, or exhibition which has been authorized or permitted by the commission pursuant to sections 37-1262 and 37-1263 or to a person who is otherwise exempt from the State Boat Act.

Source:Laws 1999, LB 176, § 109;    Laws 2009, LB105, § 37;    Laws 2011, LB105, § 2.    


37-1242. Motorboat; fire extinguishers required.

Every motorboat shall be provided with such number, size, and type of fire extinguishers, capable of promptly and effectually extinguishing burning gasoline, as may be prescribed by the regulations of the commission, which fire extinguishers shall be at all times kept in condition for immediate and effective use and shall be so placed as to be readily accessible.

Source:Laws 1978, LB 21, § 42.


37-1243. Racing vessels; equipment, exceptions; when.

The provisions of sections 37-1239, 37-1240, and 37-1242 shall not apply to vessels while competing in any race conducted pursuant to sections 37-1262 and 37-1263 or, if such boats be designed and intended solely for racing, while engaged in such navigation as is incidental to the tuning up of the boats and engines for the race.

Source:Laws 1978, LB 21, § 43.


37-1244. Motorboat; engine equipped with flame arrester or similar device; exception.

Every motorboat shall have the carburetor or carburetors of every engine therein, except outboard motors, using gasoline as fuel, equipped with such efficient flame arrester, backfire trap, or other similar device as may be prescribed by the regulations of the commission.

Source:Laws 1978, LB 21, § 44.


37-1245. Motorboat; proper ventilation of bilges required.

Every motorboat and every vessel, except open boats, using as fuel any liquid of a volatile nature, shall be provided with such means as may be prescribed by the regulations of the commission for properly and efficiently ventilating the bilges of the engine and fuel tank compartments so as to remove any explosive or inflammable gases.

Source:Laws 1978, LB 21, § 45.


37-1246. Federal boating laws or coast guard regulations; equipment requirements; commission; option to adopt.

The commission may adopt rules and regulations modifying the equipment requirements contained in sections 37-1232 to 37-1245 to the extent necessary to keep these requirements in conformity with the provisions of the federal boating laws or with the boating regulations promulgated by the United States Coast Guard.

Source:Laws 1978, LB 21, § 46.


37-1247. Federal boating laws or coast guard regulations; pilot rules; commission; option to adopt.

The commission is hereby authorized to establish and maintain, for the operation of vessels on the waters of this state, pilot rules in conformity with the pilot rules contained in the federal boating laws or the boating regulations promulgated by the United States Coast Guard.

Source:Laws 1978, LB 21, § 46.


37-1248. Operation of a vessel without required equipment; prohibited.

No person shall operate or give permission for the operation of a vessel which is not equipped as required by the State Boat Act.

Source:Laws 1978, LB 21, § 48; Laws 1999, LB 176, § 118.    


37-1249. Vessels; exemption from numbering.

A vessel shall not be required to be numbered pursuant to the State Boat Act if it is:

(1) Already covered by a number in full force and effect which has been awarded to it pursuant to federal law or a federally approved numbering system of another state and if such boat has not been within this state for a period in excess of sixty consecutive days;

(2) A vessel from a country other than the United States temporarily using the waters of this state;

(3) A vessel whose owner is the United States, a state, or a subdivision thereof; or

(4) A ship's lifeboat.

Source:Laws 1978, LB 21, § 49; Laws 1999, LB 176, § 119.    


37-1250. Vessel; exempt from numbering by commission rule and regulation.

The commission may by rule and regulation exempt a vessel from numbering under the State Boat Act after the commission has found that the numbering of certain vessels will not materially aid in their safety and identification.

Source:Laws 1978, LB 21, § 50; Laws 1999, LB 176, § 120.    


37-1251. Boat livery; records required.

The owner of a boat livery shall cause to be kept a record of the name and address of the person or persons hiring any vessel which is designed or permitted by him to be operated as a motorboat, the certificate of number thereof, the departure date and time, and the expected time of return. The record shall be preserved for at least six months.

Source:Laws 1978, LB 21, § 51.


37-1252. Boat livery; vessel operated without required equipment; prohibited.

Neither the owner of a boat livery, nor his agent or employee shall permit any motorboat or any vessel designed or permitted by him to be operated as a motorboat to depart from his premises unless it shall have been provided, either by owner or renter, with the equipment required pursuant to sections 37-1232 to 37-1248 and any rules and regulations made pursuant thereto.

Source:Laws 1978, LB 21, § 52.


37-1253. Motorboat; noise level; restriction; muffling equipment; requirements.

(1) No person shall operate or give permission for the operation of a motorboat on the waters of this state in such a manner as to exceed a noise level of ninety-six decibels when measured at one hundred feet or more on plane using the A-weighting network of a sound level meter complying with the standards set forth in S1.4-1983 (R 2001) of the American National Standards Institute, as those standards existed on August 31, 2003.

(2) The exhaust of every internal combustion engine used on any motorboat shall be effectively muffled by equipment so constructed and used as to muffle the noise of the exhaust in a reasonable manner.

The use of cutouts is prohibited except for motorboats competing in a regatta or boat race approved as provided in sections 37-1262 and 37-1263, and for such motorboats while on trial runs, during a period not to exceed forty-eight hours immediately preceding such regatta or race and for such motorboats while competing in official trials for speed records during a period not to exceed forty-eight hours immediately following such regatta or race.

Source:Laws 1978, LB 21, § 53; Laws 2003, LB 305, § 24.    


37-1254. Prohibited operation; reckless or negligent; proof.

No person shall operate any motorboat or vessel or manipulate any water skis, surfboard, or similar device in a reckless or negligent manner so as to endanger the life, limb, or property of any person.

Source:Laws 1978, LB 21, § 54; Laws 1989, LB 195, § 2.


37-1254.01. Boating under influence of alcoholic liquor or drug; city or village ordinances; violation; penalty.

(1) No person shall be in the actual physical control of any motorboat or personal watercraft under propulsion upon the waters of this state:

(a) While under the influence of alcoholic liquor or of any drug;

(b) When such person has a concentration of eight-hundredths of one gram or more by weight of alcohol per one hundred milliliters of his or her blood; or

(c) When such person has a concentration of eight-hundredths of one gram or more by weight of alcohol per two hundred ten liters of his or her breath.

(2) Any city or village may enact ordinances in conformance with this section and section 37-1254.02. Upon conviction of any person of a violation of such a city or village ordinance, the provisions of sections 37-1254.11 and 37-1254.12 shall be applicable the same as though it were a violation of this section or section 37-1254.02.

(3) Any person who is in the actual physical control of any motorboat or personal watercraft under propulsion upon the waters of this state while in a condition described in subsection (1) of this section shall be guilty of a crime and upon conviction punished as provided in section 37-1254.12.

Source:Laws 1989, LB 195, § 3; Laws 2001, LB 166, § 1;    Laws 2001, LB 773, § 7;    Laws 2011, LB667, § 10.    


37-1254.02. Boating under influence of alcoholic liquor or drug; implied consent to submit to chemical test; preliminary test; refusal; advisement; effect; violation; penalty.

(1) Any person who has in his or her actual physical control a motorboat or personal watercraft under propulsion upon the waters of this state shall be deemed to have given his or her consent to submit to a chemical test or tests of his or her blood, breath, or urine for the purpose of determining the concentration of alcohol or the presence of drugs in such blood, breath, or urine.

(2) Any peace officer who has been duly authorized to make arrests for violations of laws of this state or ordinances of any city or village may require any person arrested for any offense arising out of acts alleged to have been committed while the person was in the actual physical control of a motorboat or personal watercraft under propulsion upon the waters of this state under the influence of alcohol or drugs to submit to a chemical test or tests of his or her blood, breath, or urine for the purpose of determining the concentration of alcohol or the presence of drugs in such blood, breath, or urine when the officer has reasonable grounds to believe that the person was in the actual physical control of a motorboat or personal watercraft under propulsion upon the waters of this state while under the influence of alcohol or drugs in violation of section 37-1254.01. It shall be unlawful for a person to refuse to provide a sample of his or her blood, breath, or urine after being directed by a peace officer to submit to a chemical test or tests of his or her blood or breath pursuant to this section.

(3) Any person arrested as described in subsection (2) of this section may, upon the direction of a peace officer, be required to submit to a chemical test or tests of his or her blood, breath, or urine for a determination of the concentration of alcohol or the presence of drugs.

(4) Any person involved in a motorboat or personal watercraft accident in this state may be required to submit to a chemical test or tests of his or her blood, breath, or urine by any peace officer if the officer has reasonable grounds to believe that the person was in the actual physical control of a motorboat or personal watercraft under propulsion upon the waters of this state while under the influence of alcoholic liquor or drugs at the time of the accident.

(5) Any person who is required to submit to a chemical blood, breath, or urine test or tests pursuant to this section shall be advised that if he or she refuses to submit to such test or tests, he or she could be charged with a separate crime. Failure to provide such advisement shall not affect the admissibility of the chemical test result in any legal proceedings. However, failure to provide such advisement shall negate the state's ability to bring any criminal charges against a refusing party pursuant to this section.

(6) Any person convicted of a violation of this section shall be punished as provided in section 37-1254.12.

(7) Refusal to submit to a chemical blood, breath, or urine test or tests pursuant to this section shall be admissible evidence in any action for a violation of section 37-1254.01 or a city or village ordinance enacted in conformance with such section.

Source:Laws 1989, LB 195, § 4; Laws 1999, LB 176, § 121;    Laws 2001, LB 166, § 2;    Laws 2001, LB 773, § 8;    Laws 2011, LB667, § 11.    


37-1254.03. Boating under influence of alcoholic liquor or drug; choice of test; privileges of person tested.

The peace officer who requires a chemical blood, breath, or urine test or tests pursuant to section 37-1254.02 may direct whether the test or tests shall be of blood, breath, or urine. When the officer directs that the test or tests shall be of a person's blood, the person tested shall be permitted to have a physician of his or her choice evaluate his or her condition and perform or have performed whatever laboratory tests such person tested deems appropriate in addition to and following the test or tests administered at the direction of the peace officer. If the officer refuses to permit such additional test or tests to be taken, then the original test or tests shall not be competent as evidence. Upon request the results of the test or tests taken at the direction of the peace officer shall be made available to the person being tested.

Source:Laws 1989, LB 195, § 5; Laws 2001, LB 773, § 9;    Laws 2011, LB667, § 12.    


37-1254.04. Boating under influence of alcoholic liquor or drug; unconscious; effect on consent.

Any person who is unconscious or who is otherwise in a condition rendering him or her incapable of refusal shall be deemed not to have withdrawn the consent provided by section 37-1254.02, and the test may be given.

Source:Laws 1989, LB 195, § 6.


37-1254.05. Boating under influence of alcoholic liquor or drug; chemical test; violation of statute or ordinance; results; competent evidence; permit; fee; evidence existing or obtained outside state; effect.

(1) Except as provided in section 37-1254.03, any test or tests made pursuant to section 37-1254.02, if made in conformance with the requirements of this section, shall be competent evidence in any prosecution under a state law or city or village ordinance regarding the actual physical control of any motorboat or personal watercraft under propulsion upon the waters of this state while under the influence of alcohol or drugs or regarding the actual physical control of any motorboat or personal watercraft under propulsion upon the waters of this state when the concentration of alcohol in the blood or breath is in excess of allowable levels in violation of section 37-1254.01 or a city or village ordinance.

(2) To be considered valid, tests shall have been performed according to methods approved by the Department of Health and Human Services and by an individual possessing a valid permit issued by the department for such purpose. The department may approve satisfactory techniques or methods and ascertain the qualifications and competence of individuals to perform such tests and may issue permits which shall be subject to termination or revocation at the discretion of the department.

(3) The permit fee may be established by rules and regulations adopted and promulgated by the department, which fee shall not exceed the actual cost of processing the initial permit. Such fee shall be charged annually to each permitholder. The fees shall be used to defray the cost of processing and issuing the permits and other expenses incurred by the department in carrying out this section. The fee shall be deposited in the state treasury and credited to the Health and Human Services Cash Fund as a laboratory service fee.

(4) Relevant evidence shall not be excluded in any prosecution under a state statute or city or village ordinance involving being in the actual physical control of a motorboat or personal watercraft under propulsion upon the waters of this state while under the influence of alcoholic liquor or drugs or involving being in the actual physical control of a motorboat or personal watercraft under propulsion upon the waters of this state when the concentration of alcohol in the blood or breath is in excess of allowable levels on the ground that the evidence existed or was obtained outside of this state.

Source:Laws 1989, LB 195, § 7; Laws 1996, LB 1044, § 95; Laws 2001, LB 773, § 10;    Laws 2007, LB296, § 53;    Laws 2011, LB667, § 13.    


37-1254.06. Boating under influence of alcoholic liquor or drug; blood test; withdrawing requirements; damages; liability.

(1) Any physician, registered nurse, other trained person employed by a licensed health care facility or health care service defined in the Health Care Facility Licensure Act, a clinical laboratory certified pursuant to the federal Clinical Laboratories Improvement Act of 1967, as amended, or Title XVIII or XIX of the federal Social Security Act, as amended, to withdraw human blood for scientific or medical purposes, or a hospital shall be an agent of the State of Nebraska when performing the act of withdrawing blood at the request of a peace officer pursuant to section 37-1254.02. The state shall be liable in damages for any illegal or negligent acts or omissions of such agents in performing the act of withdrawing blood. The agent shall not be individually liable in damages or otherwise for any act done or omitted in performing the act of withdrawing blood at the request of a peace officer pursuant to such section except for acts of willful, wanton, or gross negligence of the agent or of persons employed by such agent.

(2) Any person listed in subsection (1) of this section withdrawing a blood specimen for purposes of section 37-1254.02 shall, upon request, furnish to any law enforcement agency or the person being tested a certificate stating that such specimen was taken in a medically acceptable manner. The certificate shall be signed under oath before a notary public and shall be admissible in any proceeding as evidence of the statements contained in the certificate. The form of the certificate shall be prescribed by the Department of Health and Human Services and such forms shall be made available to the persons listed in subsection (1) of this section.

Source:Laws 1989, LB 195, § 8; Laws 1997, LB 210, § 1; Laws 2000, LB 819, § 67;    Laws 2000, LB 1115, § 3;    Laws 2007, LB296, § 54.    


Cross References

37-1254.07. Boating under influence of alcoholic liquor or drug; violation of city or village ordinance; fee for test; court costs.

Upon the conviction of any person for violation of section 37-1254.01 or for being in the actual physical control of a motorboat or personal watercraft under propulsion upon the waters of this state while under the influence of alcohol or of any drug in violation of any city or village ordinance, there shall be assessed as part of the court costs the fee charged by any physician or any agency administering tests, pursuant to a permit issued in accordance with section 37-1254.05, for the test administered and the analysis thereof pursuant to section 37-1254.02 if such test was actually made.

Source:Laws 1989, LB 195, § 9; Laws 2011, LB667, § 14.    


37-1254.08. Boating under influence of alcoholic liquor or drug; test without preliminary breath test; when; qualified personnel.

Any person arrested for any offense involving the actual physical control of a motorboat or personal watercraft under propulsion upon the waters of this state while under the influence of alcohol or drugs shall be required to submit to a chemical test or tests of his or her blood, breath, or urine as provided in section 37-1254.02 without the preliminary breath test if the arresting officer does not have available the necessary equipment for administering a breath test or if the person is unconscious or is otherwise in a condition rendering him or her incapable of testing by a preliminary breath test. Only a physician, registered nurse, or qualified technician acting at the request of a peace officer may withdraw blood for the purpose of determining the concentration of alcohol or the presence of drugs, but such limitation shall not apply to the taking of a breath or urine specimen.

Source:Laws 1989, LB 195, § 10; Laws 2001, LB 773, § 11;    Laws 2011, LB667, § 15.    


37-1254.09. Boating under influence of alcoholic liquor or drug; peace officer; preliminary breath test; refusal; violation; penalty.

Any peace officer who has been duly authorized to make arrests for violations of laws of this state or ordinances of any city or village may require any person who has in his or her actual physical control a motorboat or personal watercraft under propulsion upon the waters of this state to submit to a preliminary test of his or her breath for alcohol concentration if the officer has reasonable grounds to believe that such person is under the influence of alcohol or of any drug or has committed a violation of section 37-1254.01 or 37-1254.02. Any person who refuses to submit to such preliminary breath test or whose preliminary breath test results indicate an alcohol concentration in violation of section 37-1254.01 shall be placed under arrest. Any person who refuses to submit to such preliminary breath test shall be guilty of a Class III misdemeanor.

Source:Laws 2011, LB667, § 16.    


37-1254.10. Boating during court-ordered prohibition; violation; penalty.

(1) It shall be unlawful for any person to be in the actual physical control of a motorboat or personal watercraft under propulsion upon the waters of this state during a period of court-ordered prohibition resulting from a conviction based upon a violation of section 37-1254.01 or 37-1254.02 or a city or village ordinance enacted in conformance with either section.

(2) Any person who has been convicted of a violation of this section is guilty of a Class I misdemeanor.

Source:Laws 2011, LB667, § 17.    


37-1254.11. Boating under influence of alcoholic liquor or drug; violation; sentencing; terms, defined; prior convictions; use; prosecutor; present evidence; convicted person; rights.

(1) For purposes of sentencing under section 37-1254.12:

(a) Prior conviction means a conviction for which a final judgment has been entered prior to the offense for which the sentence is being imposed as follows:

(i) For a violation of section 37-1254.01:

(A) Any conviction for a violation of section 37-1254.01;

(B) Any conviction for a violation of a city or village ordinance enacted in conformance with section 37-1254.01; or

(C) Any conviction under a law of another state if, at the time of the conviction under the law of such other state, the offense for which the person was convicted would have been a violation of section 37-1254.01; or

(ii) For a violation of section 37-1254.02:

(A) Any conviction for a violation of section 37-1254.02;

(B) Any conviction for a violation of a city or village ordinance enacted in conformance with section 37-1254.02; or

(C) Any conviction under a law of another state if, at the time of the conviction under the law of such other state, the offense for which the person was convicted would have been a violation of section 37-1254.02; and

(b) Prior conviction includes any conviction under section 37-1254.01 or 37-1254.02, or any city or village ordinance enacted in conformance with either of such sections, as such sections or city or village ordinances existed at the time of such conviction regardless of subsequent amendments to any of such sections or city or village ordinances.

(2) The prosecutor shall present as evidence for purposes of sentence enhancement a court-certified copy or an authenticated copy of a prior conviction in another state. The court-certified or authenticated copy shall be prima facie evidence of such prior conviction.

(3) For each conviction for a violation of section 37-1254.01 or 37-1254.02, the court shall, as part of the judgment of conviction, make a finding on the record whether the convicted person has a usable prior conviction. The convicted person shall be given the opportunity to review the record of his or her prior convictions, bring mitigating facts to the attention of the court prior to sentencing, and make objections on the record regarding the validity of such prior convictions.

(4) A person arrested for a violation of section 37-1254.01 or 37-1254.02 before January 1, 2012, but sentenced for such violation on or after January 1, 2012, shall be sentenced according to the provisions of section 37-1254.01 or 37-1254.02 in effect on the date of arrest.

Source:Laws 2011, LB667, § 18.    


37-1254.12. Boating under influence of alcoholic liquor or drug; penalties; probation or sentence suspension; court orders.

Any person convicted of a violation of section 37-1254.01 or 37-1254.02 shall be punished as follows:

(1) If such person has not had a prior conviction, such person shall be guilty of a Class II misdemeanor. Upon conviction the court shall, as part of the judgment of conviction, order such person not to be in the actual physical control of any motorboat or personal watercraft under propulsion upon the waters of this state for any purpose for a period of six months from the date of such conviction. Such order shall be administered upon sentencing, upon final judgment of any appeal or review, or upon the date that any probation is revoked.

If the court places such person on probation or suspends the sentence for any reason, the court shall, as one of the conditions of probation or sentence suspension, order such person not to be in the actual physical control of any motorboat or personal watercraft under propulsion upon the waters of this state for any purpose for a period of sixty days from the date of the order; and

(2) If such person has had one or more prior convictions, such person shall be guilty of a Class I misdemeanor. Upon conviction the court shall, as part of the judgment of conviction, order such person not to be in the actual physical control of any motorboat or personal watercraft under propulsion upon the waters of this state for any purpose for a period of two years from the date of such conviction. Such order shall be administered upon sentencing or upon final judgment of any appeal or review. The two-year court-ordered prohibition shall apply even if probation is granted or the sentence suspended.

Source:Laws 2011, LB667, § 19.    


37-1255. Collisions, accidents, and casualties; operator of vessel; duties.

It shall be the duty of the operator of a vessel involved in a collision, accident, or other casualty, so far as he can do so without serious danger to his own vessel, crew, and passengers, if any, to render to other persons affected by the collision, accident, or other casualty such assistance as may be practicable and as may be necessary in order to save them from or minimize any danger caused by the collision, accident, or other casualty, and also to give his name, address, and identification of his vessel in writing to any person injured and to the owner of any property damaged in the collision, accident, or other casualty.

Source:Laws 1978, LB 21, § 55.


37-1256. Collision, accident, or other casualty; commission; Nebraska State Patrol; duties.

(1) In the case of collision, accident, or other casualty involving a vessel, the operator thereof, if the collision, accident, or other casualty results in death, a missing person, or injury to a person or damage to property in excess of five hundred dollars, shall file with the commission a full description of the collision, accident, or other casualty, including such information and within such time limit as the commission may by regulation require.

(2) The commission or any other law enforcement agency shall notify the Nebraska State Patrol as soon as practicable in any cases of collision, accident, or other casualty involving a vessel, when the collision, accident, or other casualty results in death, a missing person, or life-threatening injury to a person.

(3) The Nebraska State Patrol shall collaborate with the commission or any other law enforcement agency in any investigations pursuant to this section.

Source:Laws 1978, LB 21, § 56; Laws 2001, LB 131, § 6;    Laws 2003, LB 305, § 25.    


37-1257. Transmittal of information; when.

In accordance with any request duly made by an authorized official or agency of the United States, any information compiled or otherwise available to the commission pursuant to sections 37-1255 and 37-1256 shall be transmitted to such official or agency of the United States.

Source:Laws 1978, LB 21, § 57.


37-1258. Water skis, surfboard, or similar device; observation required.

No person shall operate a vessel on any waters of this state for towing a person or persons on water skis, surfboard, or similar device unless there is in such vessel a person, in addition to the operator, in a position to observe the progress of the person or persons being towed, except that this section shall not apply to any motorboat equipped with a wide-angle, rearview mirror.

Source:Laws 1978, LB 21, § 58.


37-1259. Water skis, aquaplane, or similar device; operation; time restrictions.

No motorboat shall have in tow or shall otherwise be assisting a person on water skis, aquaplane, or a similar contrivance from the period of one-half hour after sunset to one-half hour prior to sunrise, except that this section shall not apply to motorboats used in duly authorized water ski tournaments, competitions, or exhibitions or trials therefor when adequate lighting is provided.

Source:Laws 1978, LB 21, § 59; Laws 1993, LB 235, § 41.


37-1260. Water skis, aquaplane, or similar device; manner of operation.

All motorboats having in tow or otherwise assisting a person on water skis, aquaplane, or similar contrivance, shall be operated in a careful and prudent manner and at a reasonable distance from persons and property so as not to endanger the life or property of any person.

Source:Laws 1978, LB 21, § 60.


37-1261. Water skis, aquaplane, or similar device; collision; operation to avoid.

No person shall operate or manipulate any vessel, tow rope, or other device by which the direction or location of water skis, aquaplane, or similar device may be affected or controlled in such a way as to cause the water skis, aquaplane, or similar device, or any persons thereon to collide with or strike against any person or object, except ski jumps, buoys, and like objects normally used in competitive or recreational skiing.

Source:Laws 1978, LB 21, § 61.


37-1262. Races and exhibitions; commission authorization.

The commission may authorize the holding of regattas, motorboat or other boat races, marine parades, tournaments, or exhibitions on any waters of this state. It shall adopt and may, from time to time, amend regulations concerning the safety of motorboats and other vessels and persons thereon, either observers or participants.

Source:Laws 1978, LB 21, § 62.


37-1263. Races and exhibitions; application; when; contents.

Whenever a regatta, motorboat or other boat race, marine parade, tournament, or exhibition is proposed to be held, the person in charge thereof shall, at least fifteen days prior thereto, file an application with the commission for permission to hold such regatta, motorboat or other boat race, marine parade, tournament, or exhibition. The application shall set forth the date, time, and location where it is proposed to hold such regatta, motorboat or other boat race, marine parade, tournament or exhibition, and it shall not be conducted without authorization of the commission in writing. The provisions of this section shall not exempt any person from compliance with applicable federal law or regulations.

Source:Laws 1978, LB 21, § 63.


37-1264. Local regulation; extent permitted.

The provisions of the State Boat Act and of other applicable laws of this state shall govern the operation, equipment, numbering, and all other matters relating thereto whenever any vessel shall be operated on the waters of this state or when any activity regulated by the act shall take place thereon; but nothing in the act shall be construed to prevent the adoption of any ordinance or local law relating to operation and equipment of vessels the provisions of which are identical to the provisions of the act or rules or regulations issued thereunder, but such ordinances or local laws shall be operative only so long as and to the extent that they continue to be identical to provisions of the State Boat Act or rules or regulations issued thereunder.

Source:Laws 1978, LB 21, § 64; Laws 1999, LB 176, § 122.    


37-1265. Local regulation; special rules and regulations.

Any subdivision of this state may at any time, but only after public notice, make formal application to the commission for special rules and regulations with reference to the operation of vessels on any waters within its territorial limits and shall set forth therein the reasons which make such special rules or regulations necessary or appropriate.

Source:Laws 1978, LB 21, § 65.


37-1266. Commission; special rules and regulations.

The commission is hereby authorized to make special rules and regulations with reference to the operation of vessels, including waterskiing and other related activities, on any specific water or waters within the territorial limits of this state.

Source:Laws 1978, LB 21, § 66.


37-1267. Civil liability of owner; recovery limited to actual damages.

The owner of a vessel shall be liable for any injury or damage occasioned by the negligent operation of such vessel, whether such negligence consists of a violation of the provisions of the statutes of this state or neglecting to observe such ordinary care and such operation as the rules of the common law require. The owner shall not be liable unless such vessel is being used with his or her express or implied consent. It shall be presumed that such vessel is being operated with the knowledge and consent of the owner, if at the time of the injury or damage, it is under the control of his or her spouse, father, mother, brother, sister, son, daughter, or other immediate member of the owner's family. Nothing contained in this section shall be construed to relieve any other person from any liability which he would otherwise have, but nothing contained in this section shall be construed to authorize or permit any recovery in excess of injury or damage actually incurred.

Source:Laws 1978, LB 21, § 67.


37-1268. Commission; rules and regulations.

The commission shall adopt and promulgate such rules and regulations as are necessary to carry out the State Boat Act. In adopting such rules and regulations, the commission shall be governed by the provisions of the Administrative Procedure Act.

Source:Laws 1978, LB 21, § 68; Laws 1999, LB 176, § 123.    


Cross References

37-1269. Conservation and peace officers; enforcement of act.

Every conservation officer and peace officer of this state and its subdivisions shall have the duty and authority to enforce the State Boat Act and in the exercise thereof shall have the authority to stop and board any vessel subject to the act.

Source:Laws 1978, LB 21, § 69; Laws 1998, LB 922, § 400.


37-1270. Violations; general penalty.

Any person who violates any provisions of the State Boat Act, or any provisions of the rules and regulations established by the commission pursuant thereto, for which a penalty is not otherwise provided, shall be guilty of a Class V misdemeanor for each such violation.

Source:Laws 1978, LB 21, § 70; Laws 1999, LB 176, § 124.    


37-1271. Violations; penalty.

Any person who violates any provision of sections 37-1241.02 to 37-1241.05, 37-1241.07, 37-1251, 37-1252, or 37-1258 to 37-1261 shall be guilty of a Class IV misdemeanor for each violation.

Source:Laws 1978, LB 21, § 71; Laws 1999, LB 176, § 125.    


37-1272. Operation of vessel in violation of law; penalty.

Any person who violates any provision of section 37-1254 shall be guilty of a Class II misdemeanor for each such violation.

Source:Laws 1978, LB 21, § 72.


37-1273. Fees; placed in State Game Fund; how used.

All fees as provided by the State Boat Act shall be remitted to the State Treasurer for credit to the State Game Fund to be used primarily for (1) administration and enforcement of the State Boat Act, (2) boating safety educational programs, (3) the construction and maintenance of boating and docking facilities, navigation aids, and access to boating areas and such other uses as will promote the safety and convenience of the boating public in Nebraska, (4) the Aquatic Invasive Species Program, and (5) publishing costs subject to the restrictions and limitations in section 37-324. Secondary uses for the fees shall be for the propagation, importation, protection, preservation, and distribution of game and fish and necessary equipment therefor and all things pertaining thereto.

Source:Laws 1978, LB 21, § 73; Laws 1987, LB 785, § 2; Laws 1998, LB 922, § 401; Laws 2003, LB 305, § 26;    Laws 2015, LB142, § 7.    


37-1274. Transferred to section 37-1291.

37-1275. Manufacturer's or importer's certificate; required.

No manufacturer, importer, dealer, or other person shall sell or otherwise dispose of a new motorboat to a dealer to be used by such dealer for purposes of display and resale without delivering to the dealer a duly executed manufacturer's or importer's certificate with assignments on the certificate to show title in the purchaser of the motorboat and affixing to the motorboat its hull identification number if not already affixed. No dealer shall purchase or acquire a new motorboat without obtaining from the seller a manufacturer's or importer's certificate.

Source:Laws 1994, LB 123, § 3; Laws 1996, LB 464, § 11.


37-1276. Certificate of title; assignment required; exemption.

(1) Except as provided in subsection (2) of this section or section 37-1275, (a) no person shall sell or otherwise dispose of a motorboat without delivering to the purchaser or transferee of the motorboat a certificate of title with an assignment on the certificate to show title in the purchaser and affixing to the motorboat its hull identification number if not already affixed and (b) no person shall purchase or otherwise acquire or bring into this state a motorboat without complying with sections 37-1275 to 37-1287 except for temporary use.

(2) A motorboat manufactured before November 1, 1972, is exempt from the requirement to have a certificate of title. A motorboat owned by the United States, the State of Nebraska, or an agency or political subdivision of either is exempt from the requirement to have a certificate of title.

(3) No purchaser or transferee shall receive a certificate of title which does not contain an assignment to show title in the purchaser or transferee. Possession of a title which does not meet this requirement shall be prima facie evidence of a violation of this section.

Source:Laws 1994, LB 123, § 4; Laws 1996, LB 464, § 12; Laws 1997, LB 720, § 3.


37-1277. Acquisition of motorboat; requirements.

(1) Except as provided in subsections (2) and (3) of this section, no person acquiring a motorboat from the owner thereof, whether the owner is a manufacturer, importer, dealer, or otherwise, shall acquire any right, title, claim, or interest in or to such motorboat until he or she has physical possession of the motorboat and a certificate of title or a manufacturer's or importer's certificate with assignments on the certificate to show title in the purchaser or an instrument in writing required by section 37-1281. No waiver or estoppel shall operate in favor of such person against a person having physical possession of the motorboat and the certificate of title, the manufacturer's or importer's certificate, or an instrument in writing required by section 37-1281. No court in any case at law or in equity shall recognize the right, title, claim, or interest of any person in or to any motorboat sold, disposed of, mortgaged, or encumbered unless there is compliance with this section.

(2) A motorboat manufactured before November 1, 1972, is exempt from the requirement to have a certificate of title. If a person acquiring a motorboat which is exempt from the requirement to have a certificate of title desires to acquire a certificate of title for the motorboat, the person may apply for a certificate of title pursuant to section 37-1278.

(3) A motorboat owned by the United States, the State of Nebraska, or an agency or political subdivision of either is exempt from the requirement to have a certificate of title. A person other than an agency or political subdivision acquiring such a motorboat which is not covered under subsection (2) of this section shall apply for a certificate of title pursuant to section 37-1278. The person shall show proof of purchase from a governmental agency or political subdivision to obtain a certificate of title.

(4) Beginning on the implementation date of the electronic title and lien system designated by the Director of Motor Vehicles pursuant to section 37-1282, an electronic certificate of title record shall be evidence of an owner's right, title, claim, or interest in a motorboat.

Source:Laws 1994, LB 123, § 5; Laws 1996, LB 464, § 13; Laws 1997, LB 720, § 4; Laws 2009, LB202, § 3.    


37-1278. Certificate of title; application; contents; issuance; transfer of motorboat.

(1) Application for a certificate of title shall be presented to the county treasurer, shall be made upon a form prescribed by the Department of Motor Vehicles, and shall be accompanied by the fee prescribed in section 37-1287. The owner of a motorboat for which a certificate of title is required shall obtain a certificate of title prior to registration required under section 37-1214. The buyer of a motorboat sold pursuant to section 76-1607 shall present documentation that such sale was completed in compliance with such section.

(2)(a) If a certificate of title has previously been issued for the motorboat in this state, the application for a new certificate of title shall be accompanied by the certificate of title duly assigned. If a certificate of title has not previously been issued for the motorboat in this state, the application shall be accompanied by a certificate of number from this state, a manufacturer's or importer's certificate, a duly certified copy thereof, proof of purchase from a governmental agency or political subdivision, a certificate of title from another state, or a court order issued by a court of record, a manufacturer's certificate of origin, or an assigned registration certificate, if the motorboat was brought into this state from a state which does not have a certificate of title law. The county treasurer shall retain the evidence of title presented by the applicant on which the certificate of title is issued. When the evidence of title presented by the applicant is a certificate of title or an assigned registration certificate issued by another state, the department shall notify the state of prior issuance that the certificate has been surrendered. If a certificate of title has not previously been issued for the motorboat in this state and the applicant is unable to provide such documentation, the applicant may apply for a bonded certificate of title as prescribed in section 37-1278.01.

(b) This subdivision applies beginning on an implementation date designated by the Director of Motor Vehicles. The director shall designate an implementation date which is on or before January 1, 2020. In addition to the information required under subdivision (2)(a) of this section, the application for a certificate of title shall contain (i) the full legal name as defined in section 60-468.01 of each owner and (ii)(A) the motor vehicle operator's license number or state identification card number of each owner, if applicable, and one or more of the identification elements as listed in section 60-484 of each owner, if applicable, and (B) if any owner is a business entity, a nonprofit organization, an estate, a trust, or a church-controlled organization, its tax identification number.

(3) The county treasurer shall use reasonable diligence in ascertaining whether or not the statements in the application for a certificate of title are true by checking the application and documents accompanying the same with the records of motorboats in his or her office. If he or she is satisfied that the applicant is the owner of the motorboat and that the application is in the proper form, the county treasurer shall issue a certificate of title over his or her signature and sealed with his or her seal.

(4) In the case of the sale of a motorboat, the certificate of title shall be obtained in the name of the purchaser upon application signed by the purchaser, except that for titles to be held by husband and wife, applications may be accepted by the county treasurer upon the signature of either spouse as a signature for himself or herself and as an agent for his or her spouse.

(5) In all cases of transfers of motorboats, the application for a certificate of title shall be filed within thirty days after the delivery of the motorboat. A dealer need not apply for a certificate of title for a motorboat in stock or acquired for stock purposes, but upon transfer of a motorboat in stock or acquired for stock purposes, the dealer shall give the transferee a reassignment of the certificate of title on the motorboat or an assignment of a manufacturer's or importer's certificate. If all reassignments printed on the certificate of title have been used, the dealer shall obtain title in his or her name prior to any subsequent transfer.

Source:Laws 1994, LB 123, § 6; Laws 1996, LB 464, § 14; Laws 1997, LB 635, § 14; Laws 1997, LB 720, § 5; Laws 2000, LB 1317, § 1;    Laws 2012, LB801, § 15;    Laws 2015, LB642, § 2;    Laws 2017, LB492, § 10.    
Effective Date: August 24, 2017


Cross References

37-1278.01. Bonded certificate of title; requirements; fee.

(1) The Department of Motor Vehicles shall issue a bonded certificate of title to an applicant who:

(a) Presents evidence reasonably sufficient to satisfy the department of the applicant's ownership of the motorboat or security interest in the motorboat;

(b) Pays a fee of fifty dollars for motorboats manufactured on or after January 1, 1990, and twenty dollars for motorboats manufactured prior to January 1, 1990; and

(c) Files a bond in a form prescribed by the department and executed by the applicant.

(2) The bond shall be issued by a surety company authorized to transact business in this state, in an amount equal to one and one-half times the value of the motorboat as determined by the department using reasonable appraisal methods, and conditioned to indemnify any prior owner and secured party, any subsequent purchaser and secured party, and any successor of the purchaser and secured party for any expense, loss, or damage, including reasonable attorney's fees, incurred by reason of the issuance of the certificate of title to the motorboat or any defect in or undisclosed security interest upon the right, title, and interest of the applicant in and to the motorboat. An interested person may have a cause of action to recover on the bond for a breach of the conditions of the bond. The aggregate liability of the surety to all persons having a claim shall not exceed the amount of the bond.

(3) At the end of three years after the issuance of the bond, the holder of the certificate of title may apply to the department on a form prescribed by the department for the release of the bond and the removal of the notice required by subsection (4) of this section if no claim has been made on the bond. The department may release the bond at the end of three years after the issuance of the bond if all questions as to the ownership of the motorboat have been answered to the satisfaction of the department unless the department has been notified of the pendency of an action to recover on the bond. If the currently valid certificate of title is surrendered to the department, the department may release the bond prior to the end of the three-year period.

(4) The department shall include the following statement on a bonded certificate of title issued pursuant to this section and any subsequent title issued as a result of a title transfer while the bond is in effect:

NOTICE: THIS MOTORBOAT MAY BE SUBJECT TO AN UNDISCLOSED INTEREST, BOND NUMBER ............ .

(5) The department shall recall a bonded certificate of title if the department finds that the application for the title contained a false statement or if a check presented by the applicant for fees pursuant to this section is returned uncollected by a financial institution.

(6) The department shall remit fees collected pursuant to this section to the State Treasurer for credit to the Department of Motor Vehicles Cash Fund.

Source:Laws 1996, LB 464, § 15; Laws 1997, LB 635, § 15; Laws 1997, LB 720, § 6; Laws 2000, LB 1317, § 2.    


Cross References

37-1279. Certificate of title; issuance; form; county treasurer; duties; filing.

(1) The county treasurer shall issue the certificate of title. The county treasurer shall sign and affix his or her seal to the original certificate of title and deliver the certificate to the applicant if there are no liens on the motorboat. If there are one or more liens on the motorboat, the certificate of title shall be handled as provided in section 37-1282. The county treasurer shall keep on hand a sufficient supply of blank forms which shall be furnished and distributed without charge to manufacturers, dealers, or other persons residing within the county, except that certificates of title shall only be issued by the county treasurer or the Department of Motor Vehicles. Each county shall issue and file certificates of title using the Vehicle Title and Registration System which shall be provided and maintained by the department.

(2) Each county treasurer of the various counties shall provide his or her seal without charge to the applicant on any certificate of title, application for certificate of title, duplicate copy, assignment or reassignment, power of attorney, statement, or affidavit pertaining to the issuance of a certificate of title. The department shall prescribe a uniform method of numbering certificates of title.

(3) The county treasurer shall (a) file all certificates of title according to rules and regulations of the department, (b) maintain in the office indices for such certificates of title, (c) be authorized to destroy all previous records five years after a subsequent transfer has been made on a motorboat, and (d) be authorized to destroy all certificates of title and all supporting records and documents which have been on file for a period of five years or more from the date of filing the certificate or a notation of lien, whichever occurs later.

Source:Laws 1994, LB 123, § 7; Laws 1996, LB 464, § 16; Laws 2009, LB202, § 4;    Laws 2012, LB801, § 16;    Laws 2017, LB263, § 4.    
Operative Date: August 24, 2017


Cross References

37-1280. Department of Motor Vehicles; powers and duties; rules and regulations; cancellation of certificate of title.

The Department of Motor Vehicles shall adopt and promulgate rules and regulations necessary to carry out sections 37-1275 to 37-1290, and the county treasurers shall conform to the rules and regulations and act at the direction of the department. The department shall also provide the county treasurers with the necessary training for the proper administration of such sections. The department shall receive and file in its office all instruments forwarded to it by the county treasurers under such sections and shall maintain indices covering the entire state for the instruments so filed. These indices shall be by hull identification number and alphabetically by the owner's name and shall be for the entire state and not for individual counties. The department shall provide and furnish the forms required by section 37-1286 to the county treasurers except manufacturers' or importers' certificates. The department shall check with its records all duplicate certificates of title received from the county treasurers. If it appears that a certificate of title has been improperly issued, the department shall cancel the certificate of title. Upon cancellation of any certificate of title, the department shall notify the county treasurer who issued the certificate, and the county treasurer shall enter the cancellation upon his or her records. The department shall also notify the person to whom such certificate of title was issued and any lienholders appearing on the certificate of the cancellation and shall demand the surrender of the certificate of title, but the cancellation shall not affect the validity of any lien noted on the certificate. The holder of the certificate of title shall return the certificate to the department immediately. If a certificate of number has been issued pursuant to section 37-1216 to the holder of a certificate of title so canceled, the department shall notify the commission. Upon receiving the notice, the commission shall immediately cancel the certificate of number and demand the return of the certificate of number and the holder of the certificate of number shall return the certificate to the commission immediately.

Source:Laws 1994, LB 123, § 8; Laws 1996, LB 464, § 17; Laws 2012, LB801, § 17.    


37-1280.01. Repealed. Laws 2012, LB 801, § 102.

37-1281. Motorboat sale; sale instrument; contents.

Every motorboat sale between a manufacturer or distributor shall be evidenced by an instrument in writing upon a form that may be promulgated by the Department of Motor Vehicles and approved by the Attorney General which shall contain all the agreements of the parties and shall be signed by the buyer and seller or a duly acknowledged agent of the seller. Prior to or concurrent with any such motorboat sale, the seller shall deliver to the buyer one instrument which shall contain the following information: (1) Name of seller; (2) name of buyer; (3) year of model, manufacturer's name, hull identification number, and hull length; (4) cash sale price; (5) the amount of buyer's downpayment and whether made in money or goods or partly in money and partly in goods, including a brief description of any goods traded in; (6) the difference between subdivisions (4) and (5) of this section; (7) the amount included for insurance if a separate charge is made therefor, specifying the types of coverages; (8) the basic time-price, which is the sum of subdivisions (6) and (7) of this section; (9) the time-price differential; (10) the amount of the time-price balance, which is the sum of subdivisions (8) and (9) of this section payable in installments by the buyer to the seller; (11) the number, amount, and due date or period of each installment payment; (12) the time-sale price; (13) whether the sale is as is or subject to warranty and, if subject to warranty, specifying the warranty; and (14) if repairs or inspections arising out of the conduct of a dealer's business cannot be provided by the dealer in any representations or warranties that may arise, the instrument shall so state that fact and shall provide the purchaser with the location of a facility where such repairs or inspections can be accomplished as provided for in the service contract. A copy of all such instruments shall be retained in the file of the dealer for five years from the date of sale.

Source:Laws 1994, LB 123, § 9.


37-1282. Department of Motor Vehicles; implement electronic title and lien system for motorboats; security interest; financing instruments; provisions applicable; priority; notation of liens; cancellation.

(1) The Department of Motor Vehicles shall implement an electronic title and lien system for motorboats no later than January 1, 2011. The Director of Motor Vehicles shall designate the date for the implementation of the system. Beginning on the implementation date, the holder of a security interest, trust receipt, conditional sales contract, or similar instrument regarding a motorboat may file a lien electronically as prescribed by the department. Beginning on the implementation date, upon receipt of an application for a certificate of title for a motorboat, any lien filed electronically shall become part of the electronic certificate of title record created by the county treasurer or department maintained on the electronic title and lien system. Beginning on the implementation date, if an application for a certificate of title indicates that there is a lien or encumbrance on a motorboat or if a lien or notice of lien has been filed electronically, the department shall retain an electronic certificate of title record and shall note and cancel such liens electronically on the system. The department shall provide access to the electronic certificate of title records for motorboat dealers and lienholders who participate in the system by a method determined by the director.

(2) The provisions of article 9, Uniform Commercial Code, shall not be construed to apply to or to permit or require the deposit, filing, or other record whatsoever of a security agreement, conveyance intended to operate as a mortgage, trust receipt, conditional sales contract, or similar instrument or any copy of the same covering a motorboat. Any mortgage, conveyance intended to operate as a security agreement as provided by article 9, Uniform Commercial Code, trust receipt, conditional sales contract, or other similar instrument covering a motorboat, if such instrument is accompanied by delivery of such manufacturer's or importer's certificate and followed by actual and continued possession of same by the holder of the instrument or, in the case of a certificate of title, if a notation of same has been made electronically as prescribed in subsection (1) of this section or by the county treasurer or the department on the face of the certificate of title or on the electronic certificate of title record, shall be valid as against the creditors of the debtor, whether armed with process or not, and subsequent purchasers, secured parties, and other lienholders or claimants, but otherwise shall not be valid against them, except that during any period in which a motorboat is inventory, as defined in section 9-102, Uniform Commercial Code, held for sale by a person or corporation that is in the business of selling motorboats, the filing provisions of article 9, Uniform Commercial Code, as applied to inventory, shall apply to a security interest in the motorboat created by such person or corporation as debtor without the notation of lien on the instrument of title. A buyer at retail from a dealer of any motorboat in the ordinary course of business shall take the motorboat free of any security interest.

(3) All liens, security agreements, and encumbrances noted upon a certificate of title or an electronic certificate of title record and all liens noted electronically as prescribed in subsection (1) of this section shall take priority according to the order of time in which the same are noted on the certificate of title by the county treasurer or the department. Exposure for sale of any motorboat by the owner thereof with the knowledge or with the knowledge and consent of the holder of any lien, security agreement, or encumbrance on the motorboat shall not render the same void or ineffective as against the creditors of the owner or holder of subsequent liens, security agreements, or encumbrances upon the motorboat.

(4) Upon presentation of a security agreement, trust receipt, conditional sales contract, or similar instrument to the county treasurer or department together with the certificate of title and the fee prescribed by section 37-1287, the holder of such instrument may have a notation of the lien made on the face of the certificate of title. The owner of a motorboat may present a valid out-of-state certificate of title issued to such owner for such motorboat with a notation of lien on such certificate of title and the prescribed fee to the county treasurer or department and have the notation of lien made on the new certificate of title issued pursuant to section 37-1278 without presenting a copy of the lien instrument. The county treasurer or the department shall enter the notation and the date thereof over the signature of the person making the notation and the seal of office. If noted by a county treasurer, he or she shall on that day notify the department which shall note the lien on its records. The county treasurer or the department shall also indicate by appropriate notation and on such instrument itself the fact that the lien has been noted on the certificate of title.

(5) The county treasurer or the department, upon receipt of a lien instrument duly signed by the owner in the manner prescribed by law governing such lien instruments together with the fee prescribed for notation of lien, shall notify the first lienholder to deliver to the county treasurer or the department, within fifteen days from the date of notice, the certificate of title to permit notation of such other lien and, after notation of such other lien, the county treasurer or the department shall deliver the certificate of title to the first lienholder. The holder of a certificate of title who refuses to deliver a certificate of title to the county treasurer or the department for the purpose of showing such other lien on the certificate of title within fifteen days from the date when notified to do so shall be liable for damages to such other lienholder for the amount of damages such other lienholder suffered by reason of the holder of the certificate of title refusing to permit the showing of such lien on the certificate of title.

(6) Beginning on the implementation date of the electronic title and lien system, upon receipt of a subsequent lien instrument duly signed by the owner in the manner prescribed by law governing such lien instruments or a notice of lien filed electronically, together with an application for notation of the subsequent lien, the fee prescribed in section 37-1287, and, if a printed certificate of title exists, the presentation of the certificate of title, the county treasurer or department shall make notation of such other lien. If the certificate of title is not an electronic certificate of title record, the county treasurer or department, upon receipt of a lien instrument duly signed by the owner in the manner prescribed by law governing such lien instruments together with the fee prescribed for notation of lien, shall notify the first lienholder to deliver to the county treasurer or department, within fifteen days after the date of notice, the certificate of title to permit notation of such other lien. After such notation of lien, the lien shall become part of the electronic certificate of title record created by the county treasurer or department which is maintained on the electronic title and lien system. The holder of a certificate of title who refuses to deliver a certificate of title to the county treasurer or department for the purpose of noting such other lien on such certificate of title within fifteen days after the date when notified to do so shall be liable for damages to such other lienholder for the amount of damages such other lienholder suffered by reason of the holder of the certificate of title refusing to permit the noting of such lien on the certificate of title.

(7) When the lien is discharged, the holder shall, within fifteen days after payment is received, note a cancellation of the lien on the face of the certificate of title over his, her, or its signature and deliver the certificate of title to the county treasurer or the department which shall note the cancellation of the lien on the face of the certificate of title and on the records of the office. If delivered to a county treasurer, he or she shall on that day notify the department which shall note the cancellation on its records. The county treasurer or the department shall then return the certificate of title to the owner or as otherwise directed by the owner. The cancellation of the lien shall be noted on the certificate of title without charge. For an electronic certificate of title record, the lienholder shall, within fifteen days after payment is received when such lien is discharged, notify the department electronically or provide written notice of such lien release, in a manner prescribed by the department, to the county treasurer or department. The department shall note the cancellation of lien and, if no other liens exist, issue the certificate of title to the owner or as otherwise directed by the owner or lienholder. If the holder of the certificate of title cannot locate a lienholder, a lien may be discharged ten years after the date of filing by presenting proof that thirty days have passed since the mailing of a written notice by certified mail, return receipt requested, to the last-known address of the lienholder.

Source:Laws 1994, LB 123, § 10; Laws 1996, LB 464, § 18; Laws 1999, LB 550, § 7;    Laws 2008, LB756, § 1;    Laws 2009, LB202, § 5;    Laws 2012, LB801, § 18.    


Cross References

37-1282.01. Printed certificate of title; when issued.

Beginning on the implementation date of the electronic title and lien system designated by the Director of Motor Vehicles pursuant to section 37-1282, a lienholder, at the owner's request, may request the issuance of a printed certificate of title if the owner of the motorboat relocates to another state or country or if requested for any other purpose approved by the Department of Motor Vehicles. Upon proof by the owner that a lienholder has not provided the requested certificate of title within fifteen days after the owner's request, the department may issue to the owner a printed certificate of title with all liens duly noted.

Source:Laws 2009, LB202, § 6.    


37-1283. New certificate; when issued; proof required; processing of application.

(1) In the event of the transfer of ownership of a motorboat by operation of law as upon inheritance, devise, or bequest, order in bankruptcy, insolvency, replevin, or execution sale, (2) whenever a motorboat is sold to satisfy storage or repair charges or under section 76-1607, or (3) whenever repossession is had upon default in performance of the terms of a chattel mortgage, trust receipt, conditional sales contract, or other like agreement, and upon acceptance of an electronic certificate of title record after repossession, in addition to the title requirements in this section, the county treasurer of any county or the Department of Motor Vehicles, upon the surrender of the prior certificate of title or the manufacturer's or importer's certificate, or when that is not possible, upon presentation of satisfactory proof of ownership and right of possession to the motorboat, and upon payment of the fee prescribed in section 37-1287 and the presentation of an application for certificate of title, may issue to the applicant a certificate of title thereto. If the prior certificate of title issued for the motorboat provided for joint ownership with right of survivorship, a new certificate of title shall be issued to a subsequent purchaser upon the assignment of the prior certificate of title by the surviving owner and presentation of satisfactory proof of death of the deceased owner. Only an affidavit by the person or agent of the person to whom possession of the motorboat has so passed, setting forth facts entitling him or her to such possession and ownership, together with a copy of the journal entry, court order, or instrument upon which such claim of possession and ownership is founded shall be considered satisfactory proof of ownership and right of possession, except that if the applicant cannot produce such proof of ownership, he or she may submit to the department such evidence as he or she may have and the department may thereupon, if it finds the evidence sufficient, issue the certificate of title or authorize any county treasurer to issue a certificate of title, as the case may be. If from the records of the county treasurer or the department there appear to be any liens on the motorboat, the certificate of title shall comply with section 37-1282 regarding the liens unless the application is accompanied by proper evidence of their satisfaction or extinction.

Source:Laws 1994, LB 123, § 11; Laws 1996, LB 464, § 19; Laws 2009, LB202, § 7;    Laws 2012, LB751, § 2;    Laws 2012, LB801, § 19;    Laws 2017, LB263, § 5;    Laws 2017, LB492, § 11.    

Note: The Revisor of Statutes has pursuant to section 49-769 correlated LB263, section 5, with LB492, section 11, to reflect all amendments.

Note: Changes made by LB492 became effective August 24, 2017. Changes made by LB263 became operative January 1, 2019.


Cross References

37-1284. Certificate; loss or destruction; replacement; subsequent purchaser, rights; recovery of original; duty of owner.

In the event of a lost or destroyed certificate of title, the owner of the motorboat or the holder of a lien on the motorboat shall apply, upon a form prescribed by the Department of Motor Vehicles, to any county treasurer or to the department for a certified copy of the certificate of title and shall pay the fee prescribed by section 37-1287. The application shall be signed and sworn to by the person making the application. The county treasurer, with the approval of the department, or the department shall issue a certified copy of the certificate of title to the person entitled to receive the certificate of title. If the county treasurer's records of the title have been destroyed pursuant to section 37-1279, the county treasurer shall issue a duplicate certificate of title to the person entitled to receive the certificate upon such showing as the county treasurer deems sufficient. If the applicant cannot produce such proof of ownership, he or she may apply directly to the department and submit such evidence as he or she may have, and the department may, if it finds the evidence sufficient, authorize the county treasurer to issue a duplicate certificate of title. The new purchaser shall be entitled to receive an original title upon presentation of the assigned duplicate copy of the certificate of title, properly assigned to the new purchaser, to the county treasurer as prescribed in section 37-1278. Any purchaser of the motorboat may at the time of purchase require the seller of the motorboat to indemnify him or her and all subsequent purchasers of the motorboat against any loss which he, she, or they may suffer by reason of any claim presented upon the original certificate. In the event of the recovery of the original certificate of title by the owner, he or she shall immediately surrender the certificate to the county treasurer or the department for cancellation.

Source:Laws 1994, LB 123, § 12; Laws 1996, LB 464, § 20; Laws 2012, LB751, § 3;    Laws 2012, LB801, § 20.    


37-1285. Certificate; surrender and cancellation; when required.

Each owner of a motorboat and each person mentioned as owner in the last certificate of title, when the motorboat is dismantled, destroyed, or changed in such a manner that it loses its character as a motorboat or changed in such a manner that it is not the motorboat described in the certificate of title, shall surrender his or her certificate of title to any county treasurer or to the Department of Motor Vehicles. If the certificate of title is surrendered to a county treasurer, he or she shall, with the consent of any holders of any liens noted on the certificate, enter a cancellation upon the records and shall notify the department of the cancellation. If the certificate is surrendered to the department, it shall, with the consent of any holder of any lien noted on the certificate, enter a cancellation upon its records. Upon cancellation of a certificate of title in the manner prescribed by this section, the county treasurer and the department may cancel and destroy all certificates and all memorandum certificates in that chain of title.

Source:Laws 1994, LB 123, § 13; Laws 1996, LB 464, § 21; Laws 2012, LB751, § 4;    Laws 2012, LB801, § 21.    


37-1285.01. Electronic certificate of title; changes authorized.

Beginning January 1, 2019, if a motorboat certificate of title is an electronic certificate of title record, upon application by an owner or a lienholder and payment of the fee prescribed in section 37-1287, the following changes may be made to a certificate of title electronically and without printing a certificate of title:

(1) Changing the name of an owner to reflect a legal change of name;

(2) Removing the name of an owner with the consent of all owners and lienholders; or

(3) Adding an additional owner with the consent of all owners and lienholders.

Source:Laws 2017, LB263, § 3.    
Operative Date: August 24, 2017


37-1286. Forms; contents; assignment of hull identification number; fee.

A certificate of title shall be printed upon safety security paper to be selected by the Department of Motor Vehicles. The certificate of title, manufacturer's statement of origin, and assignment of manufacturer's certificate shall be upon forms prescribed by the department and may include county of issuance, date of issuance, certificate of title number, previous certificate of title number, name and address of the owner, acquisition date, manufacturer's name, model year, hull identification number, hull material, propulsion, hull length, issuing county treasurer's signature and official seal, and sufficient space for the notation and release of liens, mortgages, or encumbrances, if any. If a motorboat does not have a hull identification number, the state shall assign a hull identification number.

An assignment of certificate of title shall appear on each certificate of title and shall include a statement that the owner of the motorboat assigns all his or her right, title, and interest in the motorboat, the name and address of the assignee, the name and address of the lienholder or secured party, if any, and the signature of the owner.

A reassignment by a dealer shall appear on each certificate of title and shall include a statement that the dealer assigns all his or her right, title, and interest in the motorboat, the name and address of the assignee, the name and address of the lienholder or secured party, if any, and the signature of the dealer or designated representative. Reassignments shall be printed on the reverse side of each certificate of title as many times as convenient. The department may, with the approval of the Attorney General, require additional information on such forms.

The county treasurer, subject to the approval of the department, shall assign a distinguishing hull identification number to any homebuilt motorboat or any motorboat manufactured prior to November 1, 1972. Hull identification numbers shall be assigned and affixed in conformity with the Federal Boat Safety Act of 1971. The county treasurer shall charge a nonrefundable fee of twenty dollars for each hull identification number and shall remit the fee to the department. The department shall remit the fees to the State Treasurer for credit to the Department of Motor Vehicles Cash Fund.

Source:Laws 1994, LB 123, § 14; Laws 1996, LB 464, § 22; Laws 1997, LB 720, § 7; Laws 2012, LB801, § 22.    


37-1287. Fees; disposition.

(1) The county treasurers or the Department of Motor Vehicles shall charge a fee of six dollars for each certificate of title and a fee of three dollars for each notation of any lien on a certificate of title. The county treasurers shall retain for the county four dollars of the six dollars charged for each certificate of title and two dollars for each notation of lien. The remaining amount of the fee charged for the certificate of title and notation of lien under this subsection shall be remitted to the State Treasurer for credit to the General Fund.

(2) The county treasurers or the department shall charge a fee of ten dollars for each replacement or duplicate copy of a certificate of title, and the duplicate copy issued shall show only those unreleased liens of record. Such fees shall be remitted by the county or the department to the State Treasurer for credit to the General Fund.

(3) In addition to the fees prescribed in subsections (1) and (2) of this section, the county treasurers or the department shall charge a fee of four dollars for each certificate of title, each replacement or duplicate copy of a certificate of title, and each notation of lien on a certificate of title. The county treasurers or the department shall remit the fee charged under this subsection to the State Treasurer for credit to the Department of Motor Vehicles Cash Fund.

(4) The county treasurers shall remit fees due the State Treasurer under this section monthly and not later than the twentieth day of the month following collection. The county treasurers shall credit fees not due to the State Treasurer to their respective county general fund.

Source:Laws 1994, LB 123, § 15; Laws 1995, LB 467, § 1; Laws 1996, LB 464, § 23; Laws 2009, LB202, § 8;    Laws 2011, LB135, § 1;    Laws 2012, LB801, § 23;    Laws 2017, LB263, § 6.    
Operative Date: January 1, 2019


37-1288. Prohibited acts; penalty.

It shall be a Class IV felony to (1) forge any certificate of title or manufacturer's or importer's certificate to a motorboat, any assignment of either, or any cancellation of any liens on a motorboat, (2) hold or use such certificate, assignment, or cancellation knowing the same to have been forged, (3) procure or attempt to procure a certificate of title to a motorboat or pass or attempt to pass a certificate of title or any assignment thereof to a motorboat, knowing or having reason to believe that such motorboat has been stolen, or (4) knowingly use a false or fictitious name, knowingly give a false or fictitious address, or knowingly make any false statement in any application or affidavit required under sections 37-1275 to 37-1287 or in a bill of sale or sworn statement of ownership.

Source:Laws 1994, LB 123, § 16; Laws 1996, LB 464, § 24.


37-1289. Violations; penalty.

It shall be a Class III misdemeanor to (1) operate in this state a motorboat for which a certificate of title is required without having a certificate of title or upon which the certificate of title has been canceled, (2) acquire, purchase, hold, or display for sale a new motorboat without having obtained a manufacturer's or importer's certificate or a certificate of title therefor, (3) fail to surrender any certificate of title or any certificate of number upon cancellation of the certificate by the county treasurer or the Department of Motor Vehicles and notice thereof, (4) fail to surrender the certificate of title to the county treasurer in case of the destruction or dismantling or change of a motorboat in such respect that it is not the motorboat described in the certificate of title, (5) purport to sell or transfer a motorboat without delivering to the purchaser or transferee of the motorboat a certificate of title if required or a manufacturer's or importer's certificate thereto duly assigned to the purchaser, (6) knowingly alter or deface a certificate of title, or (7) violate any of the other provisions of sections 37-1275 to 37-1287.

Source:Laws 1994, LB 123, § 17; Laws 1996, LB 464, § 25; Laws 1997, LB 720, § 8; Laws 2012, LB801, § 24.    


37-1290. Security interest perfected prior to January 1, 1997; treatment; notation of lien.

(1) Any security interest in a motorboat perfected prior to January 1, 1997, shall continue to be perfected (a) until the financing statement perfecting such security interest is terminated or would have lapsed in the absence of the filing of a continuation statement pursuant to article 9, Uniform Commercial Code, or (b) until a motorboat certificate of title is issued and a lien noted pursuant to section 37-1282.

(2) Any lien noted on the face of a motorboat certificate of title or on an electronic certificate of title record after January 1, 1997, pursuant to subsection (1) of this section, on behalf of the holder of a security interest in the motorboat, shall have priority as of the date such security interest was originally perfected.

(3) The holder of a motorboat certificate of title shall, upon request, surrender the motorboat certificate of title to a holder of a security interest in the motorboat which was perfected prior to January 1, 1997, to permit notation of a lien on the motorboat certificate of title and shall do such other acts as may be required to permit such notation.

(4) The assignment, release, or satisfaction of a security interest in a motorboat shall be governed by the laws under which it was perfected.

Source:Laws 1994, LB 123, § 18; Laws 1999, LB 550, § 8;    Laws 2009, LB202, § 9.    


37-1291. Nontransferable certificate of title; issued; when; effect.

When an insurance company authorized to do business in Nebraska acquires a motorboat which has been properly titled and registered in a state other than Nebraska through payment of a total loss settlement on account of theft and the motorboat has not become unusable for transportation through damage and has not sustained any malfunction beyond reasonable maintenance and repair, the company shall obtain the certificate of title from the owner and may make application for a nontransferable certificate of title by surrendering the certificate of title to the county treasurer. A nontransferable certificate of title shall be issued in the same manner and for the same fee as provided for a certificate of title in sections 37-1275 to 37-1287 and shall be on a form prescribed by the Department of Motor Vehicles.

A motorboat which has a nontransferable certificate of title shall not be sold or otherwise transferred or disposed of without first obtaining a certificate of title under sections 37-1275 to 37-1287.

When a nontransferable certificate of title is surrendered for a certificate of title, the application shall be accompanied by a statement from the insurance company stating that to the best of its knowledge the motorboat has not become unusable for transportation through damage and has not sustained any malfunction beyond reasonable maintenance and repair. The statement shall not constitute or imply a warranty of condition to any subsequent purchaser or operator of the motorboat.

Source:Laws 1978, LB 21, § 74; Laws 1989, LB 195, § 11; Laws 1993, LB 235, § 44; R.S.Supp.,1993, § 37-1274; Laws 1994, LB 123, § 20; Laws 1996, LB 464, § 26; Laws 1998, LB 922, § 402; Laws 1999, LB 176, § 126;    Laws 2004, LB 560, § 4;    Laws 2012, LB801, § 25.    


37-1292. Salvage certificate of title; terms, defined.

For purposes of this section and sections 37-1293 to 37-1298:

(1) Cost of repairs means the estimated or actual retail cost of parts needed to repair a motorboat plus the cost of labor computed by using the hourly labor rate and time allocations for repair that are customary and reasonable. Retail cost of parts and labor rates may be based upon collision estimating manuals or electronic computer estimating systems customarily used in the insurance industry;

(2) Late model motorboat means a motorboat which has (a) a manufacturer's model year designation of, or later than, the year in which the motorboat was wrecked, damaged, or destroyed, or any of the six preceding years, or (b) a retail value of more than ten thousand dollars until January 1, 2006, a retail value of more than ten thousand five hundred dollars until January 1, 2010, and a retail value of more than ten thousand five hundred dollars increased by five hundred dollars every five years thereafter;

(3) Previously salvaged means the designation of a rebuilt or reconstructed motorboat which was previously required to be issued a salvage branded certificate of title;

(4) Retail value means the actual cash value, fair market value, or retail value of a motorboat as (a) set forth in a current edition of any nationally recognized compilation, including automated data bases, of retail values or (b) determined pursuant to a market survey of comparable motorboats with respect to condition and equipment; and

(5) Salvage means the designation of a motorboat which is:

(a) A late model motorboat which has been wrecked, damaged, or destroyed to the extent that the estimated total cost of repair to rebuild or reconstruct the motorboat to its condition immediately before it was wrecked, damaged, or destroyed and to restore the motorboat to a condition for legal operation, meets or exceeds seventy-five percent of the retail value of the motorboat at the time it was wrecked, damaged, or destroyed; or

(b) Voluntarily designated by the owner of the motorboat as a salvage motorboat by obtaining a salvage branded certificate of title, without respect to the damage to, age of, or value of the motorboat.

Source:Laws 2004, LB 560, § 5.    


37-1293. Salvage branded certificate of title; when issued; procedure.

When an insurance company acquires a salvage motorboat through payment of a total loss settlement on account of damage, the company shall obtain the certificate of title from the owner, surrender such certificate of title to the county treasurer, and make application for a salvage branded certificate of title which shall be assigned when the company transfers ownership. An insurer shall take title to a salvage motorboat for which a total loss settlement is made unless the owner of the motorboat elects to retain the motorboat. If the owner elects to retain the motorboat, the insurance company shall notify the Department of Motor Vehicles of such fact in a format prescribed by the department. The department shall immediately enter the salvage brand onto the computerized record of the motorboat. The insurance company shall also notify the owner of the owner's responsibility to comply with this section. The owner shall, within thirty days after the settlement of the loss, forward the properly endorsed acceptable certificate of title to the county treasurer. The county treasurer shall, upon receipt of the certificate of title, issue a salvage branded certificate of title for the motorboat.

Source:Laws 2004, LB 560, § 6;    Laws 2012, LB801, § 26.    


37-1294. Salvage or previously salvaged title brand; procedure; fee.

Whenever a title is issued in this state for a motorboat that is designated as salvage or previously salvaged, the following title brands shall be required: Salvage or previously salvaged. A certificate branded salvage or previously salvaged shall be administered in the same manner and for the same fee as provided for a certificate of title in sections 37-1275 to 37-1287.

Source:Laws 2004, LB 560, § 7.    


37-1295. Certificate of title; disclosures required.

A certificate of title which is issued on or after January 1, 2005, shall disclose in writing, from any records readily accessible to the Department of Motor Vehicles or county officials or a peace officer, anything which indicates that the motorboat was previously issued a title in another jurisdiction that bore any word or symbol signifying that the motorboat was damaged, including, but not limited to, older model salvage, unrebuildable, parts only, scrap, junk, nonrepairable, reconstructed, rebuilt, flood damaged, damaged, or any other indication, symbol, or word of like kind, and the name of the jurisdiction issuing the previous title.

Source:Laws 2004, LB 560, § 8;    Laws 2011, LB667, § 20.    


37-1296. Acquisition of salvage motorboat without salvage branded certificate of title; duties.

Any person who acquires ownership of a salvage motorboat, for which he or she does not obtain a salvage branded certificate of title, shall surrender the certificate of title to the county treasurer and make application for a salvage branded certificate of title within thirty days after acquisition or prior to the sale or resale of the motorboat or any major component part of such motorboat or use of any major component part of the motorboat, whichever occurs earlier.

Source:Laws 2004, LB 560, § 9;    Laws 2012, LB801, § 27.    


37-1297. Sections; how construed.

Nothing in sections 37-1293 to 37-1298 shall be construed to require the actual repair of a wrecked, damaged, or destroyed motorboat to be designated as salvage.

Source:Laws 2004, LB 560, § 10.    


37-1298. Salvage motorboat; prohibited acts; penalty.

Any person who knowingly transfers a wrecked, damaged, or destroyed motorboat in violation of sections 37-1293 to 37-1296 is guilty of a Class IV felony.

Source:Laws 2004, LB 560, § 11.    


37-1299. Abandoned motorboat, defined.

(1) A motorboat is abandoned:

(a) If left unattended for more than seven days on any public property;

(b) If left unattended for more than seven days on private property if left initially without permission of the owner;

(c) If left for more than seven days on private property after permission of the owner is terminated; or

(d) If left for more than thirty days in the custody of a law enforcement agency after the agency has sent a letter to the last-registered owner under section 37-12,102.

(2) For purposes of this section:

(a) Public property means any public park, waterfront, or other state, county, or municipally owned property; and

(b) Private property means any privately owned property which is not included within the definition of public property.

(3) No motorboat subject to forfeiture under section 28-431 shall be deemed abandoned under this section.

Source:Laws 2004, LB 560, § 12.    


37-12,100. Abandoned motorboat; title; vest in local authority or state agency; when.

If an abandoned motorboat, at the time of abandonment, has no hull identification number affixed and is of a wholesale value, taking into consideration the condition of the motorboat, of two hundred fifty dollars or less, title shall immediately vest in the local authority or state agency having jurisdiction thereof as provided in section 37-12,103. Any certificate of title issued under this section to the local authority or state agency shall be issued at no cost to such authority or agency.

Source:Laws 2004, LB 560, § 13.    


37-12,101. Local authority or state agency; powers and duties.

(1) Except for motorboats covered by section 37-12,100, the local authority or state agency having custody of an abandoned motorboat shall make an inquiry concerning the last-registered owner of such motorboat to the Department of Motor Vehicles.

(2) The local authority or state agency shall notify the last-registered owner, if any, that the motorboat in question has been determined to be abandoned and that, if unclaimed, either (a) it will be sold or will be offered at public auction after five days from the date such notice was mailed or (b) title will vest in the local authority or state agency thirty days after the date such notice was mailed. If the Department of Motor Vehicles also notifies the local authority or state agency that a lien or mortgage exists, such notice shall also be sent to the lienholder or mortgagee. Any person claiming such motorboat shall be required to pay the cost of removal and storage of such motorboat.

(3) Title to an abandoned motorboat, if unclaimed, shall vest in the local authority or state agency (a) five days after the date the notice is mailed if the motorboat will be sold or offered at public auction under subdivision (2)(a) of this section, (b) thirty days after the date the notice is mailed if the local authority or state agency will retain the motorboat, or (c) if the last-registered owner cannot be ascertained, when notice of such fact is received.

(4) After title to the abandoned motorboat vests pursuant to subsection (3) of this section, the local authority or state agency may retain for use, sell, or auction the abandoned motorboat. If the local authority or state agency has determined that the motorboat should be retained for use, the local authority or state agency shall, at the same time that the notice, if any, is mailed, publish in a newspaper of general circulation in the jurisdiction an announcement that the local authority or state agency intends to retain the abandoned vehicle for its use and that title will vest in the local authority or state agency thirty days after the publication.

Source:Laws 2004, LB 560, § 14.    


37-12,102. State or local law enforcement agency; powers and duties.

A state or local law enforcement agency which has custody of a motorboat for investigatory purposes and has no further need to keep it in custody shall send a certified letter to each of the last-registered owners stating that the motorboat is in the custody of the law enforcement agency, that the motorboat is no longer needed for law enforcement purposes, and that after thirty days the agency will dispose of the motorboat. This section shall not apply to a motorboat subject to forfeiture under section 28-431. No storage fees shall be assessed against the registered owner of a motorboat held in custody for investigatory purposes under this section unless the registered owner or the person in possession of the motorboat when it is taken into custody is charged with a felony or misdemeanor related to the offense for which the law enforcement agency took the motorboat into custody. If a registered owner or the person in possession of the motorboat when it is taken into custody is charged with a felony or misdemeanor but is not convicted, the registered owner shall be entitled to a refund of the storage fees.

Source:Laws 2004, LB 560, § 15.    


37-12,103. Custody; who entitled.

If a state agency caused an abandoned motorboat described in subdivision (1)(d) of section 37-1299 to be removed from public property, the state agency shall be entitled to custody of the motorboat. If a state agency caused an abandoned motorboat described in subdivision (1)(a), (b), or (c) of section 37-1299 to be removed from public property, the state agency shall deliver the motorboat to the local authority which shall have custody. The local authority entitled to custody of an abandoned motorboat shall be the county in which the motorboat was abandoned or, if abandoned in a city or village, the city or village in which the motorboat was abandoned.

Source:Laws 2004, LB 560, § 16.    


37-12,104. Proceeds of sale; disposition.

Any proceeds from the sale of an abandoned motorboat less any expenses incurred by the local authority or state agency shall be held by the local authority or state agency, without interest, for the benefit of the owner or lienholders of such motorboat for a period of two years. If not claimed within such two-year period, the proceeds shall be paid into the general fund of the local authority entitled to custody under section 37-12,103 or the General Fund if a state agency is entitled to custody under section 37-12,103.

Source:Laws 2004, LB 560, § 17.    


37-12,105. Liability for removal.

Neither the owner, lessee, nor occupant of the premises from which any abandoned motorboat is removed, nor the state, city, village, or county, shall be liable for any loss or damage to such motorboat which occurs during its removal or while in the possession of the state, city, village, or county or its contractual agent or as a result of any subsequent disposition.

Source:Laws 2004, LB 560, § 18.    


37-12,106. Person cannot abandon a motorboat.

No person shall cause any motorboat to be abandoned as described in subdivision (1)(a), (b), or (c) of section 37-1299.

Source:Laws 2004, LB 560, § 19.    


37-12,107. Destroy, deface, or remove parts; unlawful; exception; violation; penalty.

No person other than one authorized by the appropriate local authority or state agency shall destroy, deface, or remove any part of a motorboat which is left unattended on a highway or other public place without a hull identification number affixed or which is abandoned. Anyone violating this section is guilty of a Class V misdemeanor.

Source:Laws 2004, LB 560, § 20.    


37-12,108. Costs of removal and storage; last-registered owner; liable.

The last-registered owner of an abandoned motorboat shall be liable to the local authority or state agency for the costs of removal and storage of such motorboat.

Source:Laws 2004, LB 560, § 21.    


37-12,109. Rules and regulations.

The Director of Motor Vehicles may adopt and promulgate rules and regulations providing for such forms and procedures as are necessary or desirable to effectuate sections 37-1299 to 37-12,110. Such rules and regulations may include procedures for the removal and disposition of hull identification numbers of abandoned motorboats, forms for local records for abandoned motorboats, and inquiries relating to ownership of such motorboats.

Source:Laws 2004, LB 560, § 22.    


37-12,110. Violations; penalty.

Any person violating sections 37-1299 to 37-12,106 shall be guilty of a Class II misdemeanor.

Source:Laws 2004, LB 560, § 23.    


37-1301. Act, how cited.

Sections 37-1301 to 37-1310 shall be known and may be cited as the Nebraska Shooting Range Protection Act.

Source:Laws 2009, LB503, § 1.    


37-1302. Terms, defined.

For purposes of the Nebraska Shooting Range Protection Act:

(1) Firearm has the same meaning as in section 28-1201;

(2) Person means an individual, association, proprietorship, partnership, corporation, club, political subdivision, or other legal entity;

(3) Shooting range means an area or facility designated or operated primarily for the use of firearms or archery and which is operated in compliance with the act and the shooting range performance standards. Shooting range excludes shooting preserves or areas used for law enforcement or military training; and

(4) Shooting range performance standards means the revised edition of the National Rifle Association's range source book titled A Guide To Planning And Construction adopted by the National Rifle Association, as such book existed on January 1, 2009, for the safe operation of shooting ranges.

Source:Laws 2009, LB503, § 2.    


37-1303. Rules and regulations; shooting range performance standards; review.

(1) The Game and Parks Commission shall adopt and promulgate as rules and regulations the shooting range performance standards.

(2) The commission shall review the shooting range performance standards at least once every five years and revise them if necessary for the continuing safe operation of shooting ranges.

Source:Laws 2009, LB503, § 3.    


37-1304. Existing shooting range; effect of zoning provisions.

Any shooting range that is existing and lawful may continue to operate as a shooting range notwithstanding, and without regard to, any law, rule, regulation, ordinance, or resolution related to zoning enacted thereafter by a city, county, village, or other political subdivision of the state, if operated in compliance with the shooting range performance standards.

Source:Laws 2009, LB503, § 4.    


37-1305. Existing shooting range; effect of noise provisions.

Any shooting range that is existing and lawful may continue to operate as a shooting range notwithstanding, and without regard to, any law, rule, regulation, ordinance, or resolution related to noise enacted thereafter by any city, county, village, or other political subdivision of the state, except as provided in section 37-1308, if operated in compliance with the shooting range performance standards.

Source:Laws 2009, LB503, § 5.    


37-1306. Discharge of firearm at shooting range; how treated.

No law, rule, regulation, ordinance, or resolution relating to the discharge of a firearm at a shooting range with respect to any shooting range existing and lawful shall be enforced by any city, county, village, or other political subdivision, except as provided in section 37-1308, if operated in compliance with the shooting range performance standards.

Source:Laws 2009, LB503, § 6.    


37-1307. Existing shooting range; permitted activities.

A shooting range that is existing and lawful shall be permitted to do any of the following if done in compliance with the shooting range performance standards and generally applicable building and safety codes:

(1) Repair, remodel, or reinforce any improvement or facilities or building or structure as may be necessary in the interest of public safety or to secure the continued use of the building or improvement;

(2) Reconstruct, repair, rebuild, or resume the use of a facility or building; or

(3) Do anything authorized under generally recognized operation practices, including, but not limited to:

(a) Expand or enhance its membership or opportunities for public participation; and

(b) Expand or increase facilities or activities within the existing range area.

Source:Laws 2009, LB503, § 7.    


37-1308. Hours of operation.

A city, county, village, or other political subdivision of the state may limit the hours between 10:00 p.m. and 7:00 a.m. that an outdoor shooting range may operate.

Source:Laws 2009, LB503, § 8.    


37-1309. Presumption with respect to noise.

A person who is shooting in compliance with the shooting range performance standards at a shooting range between the hours of 7:00 a.m. and 10:00 p.m. is presumed not to be engaging in unlawful conduct merely because of the noise caused by the shooting.

Source:Laws 2009, LB503, § 9.    


37-1310. Regulation of location and construction; limit on taking of property.

(1) Except as otherwise provided in the Nebraska Shooting Range Protection Act, the act does not prohibit a city, county, village, or other political subdivision of the state from regulating the location and construction of a shooting range.

(2) A person, the state, or any city, county, village, or other political subdivision of the state shall not take title to property which has a shooting range by condemnation, eminent domain, or similar process when the proposed use of the property would be for shooting-related activities or recreational activities or for private commercial development. This subsection does not limit the exercise of eminent domain or easement necessary for infrastructure additions or improvements, such as highways, waterways, or utilities.

Source:Laws 2009, LB503, § 10.    


37-1401. Legislative findings.

The Legislature finds that:

(1) The land, water, and other resources of Nebraska are being severely impacted by the invasion of an increasing number of harmful invasive species;

(2) These impacts are resulting in damage to Nebraska's environment and causing economic hardships; and

(3) The multitude of public and private organizations with an interest in controlling and preventing the spread of harmful invasive species in Nebraska need a mechanism for cooperation, communication, collaboration, and developing a statewide plan of action to meet these threats.

Source:Laws 2012, LB391, § 11.    


37-1402. Invasive species, defined.

For purposes of sections 37-1401 to 37-1406, invasive species means aquatic or terrestrial organisms not native to the region that cause economic or biological harm and are capable of spreading to new areas, and invasive species does not include livestock as defined in sections 54-1368 and 54-1902, honey bees, domestic pets, intentionally planted agronomic crops, or nonnative organisms that do not cause economic or biological harm.

Source:Laws 2012, LB391, § 12.    


37-1403. Nebraska Invasive Species Council; created; members; expenses; Game and Parks Commission; rules and regulations; meetings.

(1) The Nebraska Invasive Species Council is created. Members of the council shall serve without compensation and shall not be reimbursed for expenses associated with their service on the council. The Game and Parks Commission shall provide administrative support to the council to carry out the council's duties, and the commission may adopt and promulgate rules and regulations to carry out sections 37-1401 to 37-1406.

(2) Voting members of the council shall be appointed by the Governor and shall include a representative of:

(a) An electric generating utility;

(b) The Department of Agriculture;

(c) The Game and Parks Commission;

(d) The Nebraska Forest Service of the University of Nebraska Institute of Agriculture and Natural Resources;

(e) The University of Nebraska-Lincoln;

(f) The Nebraska Cooperative Fish and Wildlife Research Unit of the University of Nebraska;

(g) The Nebraska Weed Control Association; and

(h) The Nebraska Association of Resources Districts.

(3) Voting members of the council shall also include up to five members at large appointed by the Governor who shall represent public interests, at least three of which shall represent agricultural land owner interests.

(4) Nonvoting, ex officio members of the council shall include a representative of:

(a) The Midwest Region of the National Park Service of the United States Department of the Interior;

(b) The Animal and Plant Health Inspection Service of the United States Department of Agriculture;

(c) The Natural Resources Conservation Service of the United States Department of Agriculture;

(d) The United States Geological Survey; and

(e) The Nature Conservancy, Nebraska Field Office.

(5) The council may seek additional advisory support from representatives of relevant federal, state, or local agencies as it deems necessary to accomplish its duties.

(6) The council shall select a chairperson from among its members. The council shall meet at the call of the chairperson or upon the request of a majority of the members.

Source:Laws 2012, LB391, § 13.    


37-1404. Nebraska Invasive Species Council; duties.

The Nebraska Invasive Species Council shall:

(1) Recommend action to minimize the effects of harmful invasive species on Nebraska's citizens in order to promote the economic and environmental well-being of the state;

(2) Develop and periodically update a statewide adaptive management plan for invasive species as described in section 37-1405;

(3) Serve as a forum for discussion, identification, and understanding of invasive species issues;

(4) Facilitate the communication, cooperation, and coordination of local, state, federal, private, and nongovernmental entities for the prevention, control, and management of invasive species;

(5) Assist with public outreach and awareness of invasive species issues; and

(6) Provide information to the Legislature for decision making, planning, and coordination of invasive species management and prevention.

Source:Laws 2012, LB391, § 14.    


37-1405. Adaptive management plan; contents.

The adaptive management plan required under section 37-1404 will address the following:

(1) Statewide coordination and intergovernmental cooperation;

(2) Prioritization of invasive species response and management;

(3) Early detection and prevention of new invasive species through deliberate or unintentional introduction;

(4) Inventory and monitoring of invasive species;

(5) Identification of research and information gaps;

(6) Public outreach and education;

(7) Identification of funding and resources available for invasive species prevention, control, and management; and

(8) Recommendations for legislation regarding invasive species issues.

Source:Laws 2012, LB391, § 15.    


37-1406. Adaptive management plan; completion; update; Nebraska Invasive Species Council; reports; subcommittees.

(1) The adaptive management plan required under section 37-1404 shall be updated at least once every three years following its initial development. The plan shall be submitted to the Governor and the Agriculture Committee of the Legislature. The plan submitted to the committee shall be submitted electronically.

(2) The Nebraska Invasive Species Council shall submit an annual report of its activities to the Governor and the Agriculture Committee of the Legislature by December 15 of each year. The annual report shall include an evaluation of progress made in the preceding year. The report submitted to the committee shall be submitted electronically.

(3) The council shall complete the initial adaptive management plan within three years after April 6, 2012.

(4) Prior to the start of the 2015 legislative session, the council shall submit electronically a report to the Agriculture Committee of the Legislature that makes recommendations as to the extension or modification of the council.

(5) The council may establish advisory and technical subcommittees that the council considers necessary to aid and advise it in the performance of its functions.

Source:Laws 2012, LB391, § 16;    Laws 2013, LB222, § 5.    


37-1501. Purpose of sections.

The purpose of sections 37-1501 to 37-1510 is to establish procedures for the administration of a deer donation program and to encourage hunters to harvest deer to donate to a program to feed residents of Nebraska who are in need.

Source:Laws 2012, LB928, § 5.    


37-1502. Terms, defined.

For purposes of sections 37-1501 to 37-1510:

(1) Deer means any wild deer legally taken in Nebraska and deer confiscated as legal evidence if the confiscated carcass is considered by a conservation officer to be in good condition for donation under the program;

(2) Field dressed means properly bled and cleaned of the internal organs;

(3) Meat processor means any business that is licensed to process meat for retail customers by the Department of Agriculture, the United States Department of Agriculture, or a neighboring state's department that is similar to Nebraska's; and

(4) Program means the deer donation program established pursuant to sections 37-1501 to 37-1510.

Source:Laws 2012, LB928, § 6.    


37-1503. Deer covered by program.

Deer is the only species of wildlife covered by the program. To be accepted, the entire field-dressed deer carcass shall be donated, but the hunter may keep the antlers, head, and cape.

Source:Laws 2012, LB928, § 7.    


37-1504. Applicant for permit; option to contribute to fund.

On or before July 1, 2012, the commission shall provide each applicant the option on the application for any type of hunting permit authorizing the taking of deer to indicate that the applicant may designate an amount in addition to the permit fee to be credited to the Hunters Helping the Hungry Cash Fund.

Source:Laws 2012, LB928, § 8.    


37-1505. Commission; duties; rules and regulations.

(1) The commission shall set a fair market price for the processing cost of deer donated to the program. To set a fair market price, the commission shall consider prices for similar deer processing services paid by retail customers in Nebraska and nearby states and shall establish an annual per-deer processing payment to be made to meat processors to the extent that money is available in the Hunters Helping the Hungry Cash Fund.

(2) The commission shall adopt and promulgate rules and regulations necessary to carry out the program.

Source:Laws 2012, LB928, § 9.    


37-1506. Commission; promote program.

The commission shall promote the harvesting of deer by hunters and the donation of deer at meat processors participating in the program to the extent that money is available in the Hunters Helping the Hungry Cash Fund.

Source:Laws 2012, LB928, § 10.    


37-1507. Commission; meat processors; contracts authorized; duties.

The commission may enlist as many meat processors as available to participate in the program and shall enter into contracts with meat processors as described in section 37-1508 subject to available funding in the Hunters Helping the Hungry Cash Fund. The commission shall provide forms for donation of deer by hunters and posters for meat processors to advertise their participation. The commission shall provide informational and promotional materials to meat processors regarding the program.

Source:Laws 2012, LB928, § 11.    


37-1508. Meat processor; participation; annual contract; record required; payment; liability.

(1) To participate in the program, each meat processor shall enter into an annual contract with the commission which details the meat processor's participation.

(2) Meat processors shall accept the entire field-dressed carcass of a donated deer according to the terms of their respective contracts with the commission and shall not assess any fees or costs to donors, recipients, or participants. Information from the donor is required for each donated deer and shall be submitted on forms provided by the commission. Payment shall not be made to a meat processor without this information.

(3) Meat processors shall accept a donated deer if the meat processor determines the venison is in acceptable condition.

(4) Prior to receiving payment, a meat processor shall be required to provide to the commission a record of each donated deer that includes information required by the commission. Payments shall be made to meat processors within forty-five days after submittal of a complete and accurate invoice according to the terms of their respective contracts with the commission.

(5) The commission shall not be liable for the safety, quality, or condition of deer accepted by meat processors or recipients or consumed by participants in the program.

Source:Laws 2012, LB928, § 12.    


37-1509. Commission; additional contracts authorized; matching grants.

The commission, at its own discretion, may enter into contracts with other entities for purposes of executing or expanding the program. The commission may include the offer of matching grants to pay for deer processing to entities that acquire funding from sources other than the state to pay for expenses of the program.

Source:Laws 2012, LB928, § 13.    


37-1510. Hunters Helping the Hungry Cash Fund; created; use; investment.

The Hunters Helping the Hungry Cash Fund is created. The fund shall include amounts designated for the fund pursuant to section 37-1504 and revenue received from gifts, grants, bequests, donations, other similar donation arrangements, or other contributions from public or private sources intended for the fund. The fund shall be administered by the commission to carry out the program. The annual expenditures from the fund shall be limited only by the available balance of the fund. The commission shall not be obligated to provide payments from the fund or pay any other expenses in excess of the available balance in the fund. Any money in the fund available for investment shall be invested by the state investment officer pursuant to the Nebraska Capital Expansion Act and the Nebraska State Funds Investment Act.

Source:Laws 2012, LB928, § 14.    


Cross References

37-1601. Interstate Wildlife Violator Compact.

The Legislature hereby adopts the Interstate Wildlife Violator Compact and enters into such compact with all states legally joining the compact in the form substantially as contained in this section.

Article I

Definitions

For purposes of the Interstate Wildlife Violator Compact:

(1) Citation means any summons, complaint, summons and complaint, ticket, penalty assessment, or other official document that is issued to a person by a wildlife officer or other peace officer for a wildlife violation and that contains an order requiring the person to respond;

(2) Collateral means any cash or other security deposited to secure an appearance for trial in connection with the issuance by a wildlife officer or other peace officer of a citation for a wildlife violation;

(3) Compliance means, with respect to a citation, the act of answering a citation through an appearance in a court or tribunal, or through the payment of fines, costs, and surcharges, if any;

(4) Conviction means a conviction, including any court conviction, for any offense that is related to the preservation, protection, management, or restoration of wildlife and that is prohibited by state statute, law, regulation, commission order, ordinance, or administrative rule. The term also includes the forfeiture of any bail, bond, or other security deposited to secure appearance by a person charged with having committed any such offense, the payment of a penalty assessment, a plea of nolo contendere, and the imposition of a deferred or suspended sentence by the court;

(5) Court means a court of law, including magistrate's court and the justice of the peace court, if any;

(6) Home state means the state of primary residence of a person;

(7) Issuing state means the participating state which issues a wildlife citation to the violator;

(8) License means any license, permit, or other public document that conveys to the person to whom it was issued the privilege of pursuing, possessing, or taking any wildlife regulated by statute, law, regulation, commission order, ordinance, or administrative rule of a participating state;

(9) Licensing authority means the Game and Parks Commission or the department or division within each participating state that is authorized by law to issue or approve licenses or permits to hunt, fish, trap, or possess wildlife;

(10) Participating state means any state that enacts legislation to become a member of the Interstate Wildlife Violator Compact;

(11) Personal recognizance means an agreement by a person made at the time of issuance of the wildlife citation that such person will comply with the terms of the citation;

(12) State means any state, territory, or possession of the United States, the District of Columbia, the Commonwealth of Puerto Rico, the provinces of Canada, and other countries;

(13) Suspension means any revocation, denial, or withdrawal of any or all license privileges, including the privilege to apply for, purchase, or exercise the benefits conferred by any license;

(14) Terms of the citation means those conditions and options expressly stated in the citation;

(15) Wildlife means all species of animals including mammals, birds, fish, reptiles, amphibians, mollusks, and crustaceans, which are defined as wildlife and are protected or otherwise regulated by statute, law, regulation, commission order, ordinance, or administrative rule in a participating state. Species included in the definition of wildlife for purposes of the Interstate Wildlife Violator Compact are based on state or local law;

(16) Wildlife law means the Game Law or any statute, law, regulation, commission order, ordinance, or administrative rule developed and enacted for the management of wildlife resources and the uses thereof;

(17) Wildlife officer means any conservation officer and any individual authorized by a participating state to issue a citation for a wildlife violation; and

(18) Wildlife violation means any cited violation of a statute, law, regulation, commission order, ordinance, or administrative rule developed and enacted for the management of wildlife resources and the uses thereof.

Article II

Procedures for Issuing State

When issuing a citation for a wildlife violation, a wildlife officer shall issue a citation to any person whose primary residence is in a participating state in the same manner as though the person were a resident of the issuing state and may not require such person to post collateral to secure appearance if the officer receives the personal recognizance of such person that the person will comply with the terms of the citation.

Personal recognizance is acceptable:

(1) If not prohibited by state or local law or the compact manual; and

(2) If the violator provides adequate proof of identification to the wildlife officer.

Upon conviction or failure of a person to comply with the terms of a wildlife citation, the appropriate official shall report the conviction or failure to comply to the licensing authority of the issuing state.

Upon receipt of the report of conviction or noncompliance, the licensing authority of the issuing state shall transmit such information to the licensing authority of the home state of the violator.

Article III

Procedures for Home State

Upon receipt of a report from the licensing authority of the issuing state reporting the failure of a violator to comply with the terms of a citation, the licensing authority of the home state shall notify the violator and may initiate a suspension action in accordance with the home state's suspension procedures and may suspend the violator's license privileges until satisfactory evidence of compliance with the terms of the wildlife citation has been furnished by the issuing state to the home state licensing authority. Due process safeguards shall be accorded.

Upon receipt of a report of conviction from the licensing authority of the issuing state, the licensing authority of the home state may enter such conviction in its records and may treat such conviction as though it had occurred in the home state for the purposes of the suspension of license privileges if the violation resulting in such conviction could have been the basis for suspension of license privileges in the home state.

The licensing authority of the home state shall maintain a record of actions taken and shall make reports to issuing states.

Article IV

Reciprocal Recognition of Suspension

All participating states may recognize the suspension of license privileges of any person by any participating state as though the violation resulting in the suspension had occurred in their state and could have been the basis for suspension of license privileges in their state.

Each participating state shall communicate suspension information to other participating states.

Article V

Applicability of Other Laws

Except as expressly required by the Interstate Wildlife Violator Compact, nothing in the compact may be construed to affect the right of any participating state to apply any of its laws relating to license privileges to any person or circumstance or to invalidate or prevent any agreement or other cooperative arrangement between a participating state and a nonparticipating state concerning wildlife law enforcement.

Article VI

Withdrawal from Compact

A participating state may withdraw from participation in the Interstate Wildlife Violator Compact by enacting a statute repealing the compact and by official written notice to each participating state. Withdrawal shall not become effective until ninety days after the notice of withdrawal is given. The notice shall be directed to the compact administrator of each participating state. Withdrawal of any state does not affect the validity of the compact as to the remaining participating states.

Article VII

Construction and Severability

The Interstate Wildlife Violator Compact shall be liberally construed so as to effectuate its purposes. The provisions of the compact are severable, and if any phrase, clause, sentence, or provision of the compact is declared to be contrary to the constitution of any participating state or the United States, or the applicability thereof to any government, agency, individual, or circumstance is held invalid, the validity of the remainder of the compact is not affected thereby. If the compact is held contrary to the constitution of any participating state, the compact remains in full force and effect as to the remaining states and in full force and effect as to the participating state affected as to all severable matters.

Article VIII

Responsible State Entity

The Game and Parks Commission is authorized on behalf of the state to enter into the Interstate Wildlife Violator Compact. The commission shall enforce the compact and shall do all things within the jurisdiction of the commission that are appropriate in order to effectuate the purposes and the intent of the compact. The commission may adopt and promulgate rules and regulations necessary to carry out and consistent with the compact.

The commission may suspend the hunting, trapping, or fishing privileges of any resident of this state who has failed to comply with the terms of a citation issued for a wildlife violation in any participating state. The suspension shall remain in effect until the commission receives satisfactory evidence of compliance from the participating state. The commission shall send notice of the suspension to the resident, who shall surrender all current Nebraska hunting, trapping, or fishing licenses to the commission within ten days.

The resident may, within twenty days of the notice, request a review or hearing in accordance with section 37-618. Following the review or hearing, the commission, through its authorized agent, may, based on the evidence, affirm, modify, or rescind the suspension of privileges.

Source:Laws 2017, LB566, § 1.    
Effective Date: August 24, 2017


Cross References