(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.

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.

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.

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. Five 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.

The members of the Game and Parks Commission, other than the secretary, shall be reimbursed for 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.

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 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.

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.

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.

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.

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.

The Game and Parks Commission shall create a program for the purpose of providing financial support for the education of persons about water safety in general and specifically for the education of children about staying away from water unless accompanied by an adult. The commission shall use the Josh the Otter-Be Safe Around Water Cash Fund to award grants to nonprofit organizations that are dedicated to educating children about water safety. The grants shall be used by the recipient organization to support educating persons about water safety in general and specifically for the education of children about water safety.

The Josh the Otter-Be Safe Around Water Cash Fund is created for the purpose of funding the program set forth in section 37-111. The fund shall consist of any money credited to the fund pursuant to section 60-3,258. The fund may also receive gifts, bequests, grants, or other contributions or donations from public or private entities. The state investment officer shall invest any money in the fund available for investment pursuant to the Nebraska Capital Expansion Act and the Nebraska State Funds Investment Act.

Sections 37-201 to 37-814 and 37-1501 to 37-1510 and the State Park System Construction Alternatives Act shall be known and may be cited as the Game Law.

For purposes of the Game Law, unless the context otherwise requires, the definitions found in sections 37-203 to 37-247.01 are used.

Aquaculture has the meaning found in section 2-3804.01.

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.

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.

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

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.

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.

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.

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

Bonus point means a point or points accrued by an applicant for preference in a random permit drawing in which the number of points determines the number of entries in the permit drawing.

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.

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

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.

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.

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

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

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.

Commission means the Game and Parks Commission.

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.

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.

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.

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.

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

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

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.

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

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

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.

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.

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

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.

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.

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

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

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

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.

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

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

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

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.

Officer means every person authorized to enforce the Game Law.

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.

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

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

Preference point means a point or points accrued by an applicant for preference in a structured random permit drawing in which the draw is structured by the number of preference points and the applicants with the most points are drawn first.

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.

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

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

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

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

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

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

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.

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.

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.

Wildlife abatement means the use of a trained raptor to frighten, flush, haze, take, or kill certain wildlife to manage depredation, damage, or other threats to human health and safety or commerce caused by such wildlife.

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.

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.

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.

(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.

(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.

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.

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.

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.

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.

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.

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.

(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.

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.

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.

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.

(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 website. No commission order shall be valid against any person until fifteen days after such order has been posted on the commission's website. 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.

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.

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.

The commission may disseminate information and promotional materials regarding the state park system and the wildlife resources of the state in order to inform the public of the outdoor recreation opportunities to be found in Nebraska.

(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.

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.

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.

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.

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.

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.

(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, (f) for payment of claims by landowners in Nebraska for property damage caused by deer, antelope, or elk, if such payment is in compliance with federal laws and regulations, and (g) 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.

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.

(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.

(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.

(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.

(1) 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. Beginning October 1, 2024, any investment earnings from investment of money in the fund shall be credited to the General Fund.

(2) On or before December 1, 2021, and on or before December 1 of each year thereafter through 2027, the commission shall electronically submit a report to the Clerk of the Legislature and the Revenue Committee of the Legislature. The report shall include (a) a list of each project that received funding from the Game and Parks Commission Capital Maintenance Fund under subsection (1) of this section during the most recently completed fiscal year and (b) a list of projects that will receive such funding during the current fiscal year.

(3) Transfers may be made from the Game and Parks Commission Capital Maintenance Fund to the Nebraska Emergency Medical System Operations Fund at the direction of the Legislature. The State Treasurer shall transfer one million two hundred seventy thousand dollars from the Game and Parks Commission Capital Maintenance Fund to the Nebraska Emergency Medical System Operations Fund in June of each fiscal year beginning in June 2025, from the proceeds of the sales and use taxes imposed pursuant to section 77-2703 on the sale or lease of all-terrain vehicles and utility-type vehicles as provided in section 77-27,132, on such date as directed by the budget administrator of the budget division of the Department of Administrative Services.

The Game and Parks State Park Improvement and Maintenance Fund is created. The fund shall consist of transfers made by the Legislature, money credited to the fund pursuant to section 60-3,254, and any gifts, grants, bequests, or donations to the fund. The money credited to the fund pursuant to section 60-3,254 shall be used only for the improvement and maintenance of state recreational trails as defined in section 37-338. Any other 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. Beginning October 1, 2024, any investment earnings from investment of money in the fund shall be credited to the General Fund.

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.

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.

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.

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.

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.

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.

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.

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.

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.

(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.

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.

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.

(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.

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

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.

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.

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.

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.

(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. Beginning October 1, 2024, any investment earnings from investment of money in the fund shall be credited to the General Fund.

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.

(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.

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.

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.

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.

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.

(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.

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.

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.

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.

(1) For purposes of this section:

(a) Guide means a person who advertises or otherwise holds himself or herself out to the public for hire as a guide for hunting or fishing, or both, to provide services to any person for the purpose of hunting or fishing for any animal; and

(b) Outfitter means a person who advertises or otherwise holds himself or herself out to the public for hire to assist any person in the taking of animals by providing facilities, equipment, accommodations, or other services for use in hunting or fishing for any animal. Outfitter does not mean any self-guided excursion or group hunt.

(2) The commission may establish and maintain on its website a voluntary hunting and fishing guide and outfitter database. The commission may establish a registration fee for guides and outfitters applying for placement on the database. Such fee shall be in a reasonable amount the commission deems necessary to cover the costs of administering the database.

(3) A person may apply to the commission for placement as a guide or an outfitter on the database for a period of three years. An applicant for placement on the database as a guide or an outfitter may be included in the database if such applicant:

(a) Has never been convicted of any felony, has never been cited for trespassing, has not violated any state or federal game law within the three years prior to application, and does not have his or her privilege or right to hunt or fish suspended in Nebraska, another state, or a participating state in the Interstate Wildlife Violator Compact;

(b) Has completed a commission-sponsored hunter education program or a similar program approved by the commission. This subdivision does not apply to fishing guides or fishing outfitters;

(c) Provides proof of adequate liability insurance or similar bond security;

(d) Is a registered business in the State of Nebraska; and

(e) Agrees to comply with any other requirements established under the Game Law and pursuant to the rules and regulations of the commission.

(4) The commission may remove a guide or an outfitter from the database for any violation of the Game Law or the rules and regulations of the commission or for any failure by such guide or outfitter to maintain compliance with the requirements set forth in subsection (3) of this section. The commission shall not be liable for any such failure by a guide or outfitter.

(5) The commission may adopt and promulgate rules and regulations to carry out this section. This section does not apply to licensees of licensed game breeding and controlled shooting areas.

(1) For purposes of this section:

(a) Member of the armed forces means any member of the armed forces on active duty, including any member of the National Guard or reserves on active duty other than active duty for training; and

(b) Veteran has the same meaning as in 38 U.S.C. 101, as such section existed on January 1, 2024.

(2) The commission shall prescribe a migratory waterfowl hunting season for veterans and members of the armed forces.

(3) Any veteran or member of the armed forces may hunt during such season as long as such veteran or member of the armed forces has a valid hunting permit issued under the Game Law and all required stamps necessary to hunt migratory waterfowl in Nebraska.

(4) No motor vehicle entry permit or fee shall be required for entry into a permit area as defined in section 37-435 by such veteran or member of the armed forces during such season.

(5) Nothing in this section shall affect the applicability of statutes, rules, regulations, and orders other than the permit and stamp requirements described in this section.

(6) The commission may adopt and promulgate rules and regulations and pass and publish orders to carry out this section.

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.

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.

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.

(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.

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.

(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.

(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.

(1) Beginning January 1, 2023, when a Nebraska resident at least sixteen years of age applies for an annual hunting permit or annual fishing permit, the commission shall distribute a brochure provided by an organ and tissue procurement organization approved by the Department of Health and Human Services containing a description and explanation of the Revised Uniform Anatomical Gift Act to each person applying for a permit who has not previously provided a response under subsection (2) of this section. If the application for a permit is made through the Internet, a link to an electronic copy of the brochure shall be provided.

(2) The application for an annual hunting permit or annual fishing permit shall contain the following question: Do you wish to include your name in the Donor Registry of Nebraska and donate your organs and tissues at the time of your death? The commission shall record such response in an electronic database if the permit applicant is at least sixteen years of age and indicates on the application whether he or she wishes to be an organ and tissue donor. Submitting an application indicating that the permit applicant wishes to be a donor shall constitute an authorization under subsection (b) of section 71-4828.

(3) A person may change his or her status as a donor by (a) Internet access to the Donor Registry of Nebraska, (b) telephone request to the registry, or (c) other methods approved by the federally designated organ procurement organization for Nebraska. The commission shall provide information on its website on how a person may change such person's donor status.

(4) The commission shall electronically transfer to the federally designated organ procurement organization for Nebraska the first and last name, date of birth, gender, address, city, state, zip code, email address if provided, date of registration, and the unique user identification number of each person who agreed to make an anatomical gift under subsection (2) of this section.

(5) An anatomical gift made through the process described in subsection (2) of this section shall be considered made at the time the application is submitted regardless of when the information described in subsection (4) of this section is transferred.

(6) No person shall obtain information about an applicant's response as described in subsection (2) of this section except to facilitate the donation process. General statistical information may be provided upon request to the federally designated organ procurement organization for Nebraska.

(7) The commission may adopt and promulgate rules and regulations necessary to carry out the provisions of this section.

(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 thirty-eight 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 ninety-five dollars for a two-day hunting permit plus the cost of a habitat stamp, (d) not more than fifteen dollars for a one-day fishing permit, (e) not more than twenty-nine dollars for a three-day fishing permit, (f) not more than eighty-six dollars for an annual fishing permit, and (g)(i) for persons sixteen years of age and older, not more than two hundred seven 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.

(5) The commission may offer permits or combinations of permits at temporarily reduced rates for specific events or during specified timeframes.

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.

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 more than five dollars, as established by the commission, shall be charged for the issuance of each replacement permit, except that no such fee shall be charged for replacement of any permits exempt from the payment of fees, lifetime permits, or permits issued under section 37-421 or 37-421.01.

(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.

(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.

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.

(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.

(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.

(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 for no additional fee. This subsection applies only to a paper permit and not a commemorative brass plate permit.

(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.

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.

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.

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.

(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.

(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 subsection (1) of section 37-421.

(1)(a) 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 (i) 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 (ii) any Nebraska resident who is sixty-nine years of age or older.

(b) A permit issued as provided in this subsection 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.

(2) The commission shall issue a one-day hunting permit, habitat stamp, and Nebraska migratory waterfowl stamp upon application and without payment of any fee to any veteran who is a Nebraska resident who was discharged or separated with a characterization of honorable or general (under honorable conditions) for use on Veterans Day. A permit and stamps issued under this subsection shall only be valid on November 11 in the year in which such permit and stamps are issued.

(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.

(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.

(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.

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.

(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.

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.

(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) The commission may issue a lifetime habitat stamp, lifetime Nebraska migratory waterfowl stamp, or lifetime aquatic habitat stamp upon application and payment of the appropriate fee. The fee for a lifetime stamp shall be not more than twenty times the fee required in subsection (5) of this section for an annual habitat stamp, annual Nebraska migratory waterfowl stamp, or annual aquatic habitat stamp. Payment of such fee shall be made in a lump sum at the time of application. A replacement lifetime stamp may be issued if the original is lost or destroyed at no additional fee. This subsection applies only to a paper permit and not a commemorative brass plate permit.

(3) The commission may issue a multiple-year habitat stamp, multiple-year Nebraska migratory waterfowl stamp, or multiple-year aquatic habitat stamp upon application and payment of the appropriate fee. The fee for such multiple-year stamps 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, annual Nebraska migratory waterfowl stamp, or annual aquatic habitat stamp. Payment of such fee shall be made in a lump sum at the time of application. A replacement multiple-year stamp may be issued if the original is lost or destroyed at no additional fee.

(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 not more than 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 not more than 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 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.

(6) The commission may offer stamps or combinations of stamps at temporarily reduced rates for specific events or during specified timeframes in conjunction with other permit sales.

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.

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.

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.

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.

(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.

(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.

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.

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.

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.

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.

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.

(1) The commission shall devise annual, temporary, disabled veteran, and active-duty military permits.

(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 more than thirty-five dollars per permit. The fee for the annual permit for a nonresident motor vehicle shall be two times the fee for a resident motor vehicle or sixty dollars, whichever is greater. 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 more than seven dollars. The fee for the temporary permit for a nonresident motor vehicle shall be two times the fee for a resident motor vehicle or twelve dollars, whichever is greater. 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.

(4)(a) A veteran who is a resident of Nebraska shall, upon application and without payment of any fee, be issued one disabled veteran permit for a resident motor vehicle if the veteran:

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

(ii)(A) 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

(B) Is receiving a pension from the United States Department of Veterans Affairs as a result of total and permanent disability, which disability was not incurred in the line of duty in the military service.

(b) All disabled veteran permits issued pursuant to this subsection shall be perpetual and shall become void only upon termination of eligibility as provided in this subsection.

(5) An active-duty military permit may be purchased by any individual who is active-duty military and shall be valid through December 31 in the year for which the permit is issued. The fee for the active-duty military permit is five dollars, regardless of residency. To qualify for an active-duty military permit, the individual shall present:

(a) Such individual's military identification card; and

(b) Proof that such individual is stationed at a military base located in Nebraska for active-duty military service.

(6) The commission may offer permits or combinations of permits at temporarily reduced rates for specific events or during specified timeframes.

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

(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.

(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 website, 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 website as reimbursement for the clerical work and postage associated with issuing the permit.

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.

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.

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.

(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.

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.

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.

(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 permits or combinations of permits at temporarily reduced rates for specific events or during specified timeframes. 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 three hundred sixty-nine 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. The commission may, pursuant to section 37-327, establish and charge a fee of not more than twenty-four dollars for residents and not more than seventy-two dollars for nonresidents for the issuance of a preference point, in addition to any application fee, in lieu of entering the draw for a deer permit during the application period for the random drawing.

(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.

(1) Subject to rules and regulations adopted and promulgated by the commission, the secretary of the commission may designate, by order, special deer, antelope, and elk depredation seasons or extensions of existing hunting seasons. The secretary may designate a depredation season or an extension of an existing hunting season whenever he or she determines that deer, antelope, or elk are causing excessive property damage. The secretary shall specify the number of permits to be issued, the species, sex, and number or quota of animals allowed to be taken, the bag limit for such species, the beginning and ending dates for the depredation season or hunting season extension, any limitations on nonresident permits, shooting hours, the length of the depredation season or hunting season extension, and the geographic area in which hunting will be permitted. The rules and regulations shall allow use of any weapon permissible for use during the regular deer, antelope, or elk 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 resident special depredation season permit and a fee of not more than seventy-five dollars for a nonresident special depredation season permit. The commission shall, pursuant to section 37-327, establish and charge a fee of not more than ten dollars for a landowner special depredation season permit for the taking of deer and antelope for 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, and for the taking of elk for any person owning or operating at least eighty 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 such person as defined in subdivision (2)(a) of section 37-455. A special depredation season permit shall be valid only within such area and only during the designated depredation season. The commission shall use the income from the sale of special depredation season permits for abatement of damage caused by deer, antelope, and elk. Receipt of a depredation season permit shall not in any way affect a person's eligibility for a permit issued under section 37-447, 37-449, 37-450, or 37-455.

(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 permits or combinations of permits at reduced rates for specific events or during specified timeframes.

(2) The commission may, pursuant to section 37-327, establish and charge a nonrefundable application fee of not more than seven dollars for antelope 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 fifty-seven dollars for nonresidents for each permit issued under this section except as provided in subsection (4) of this section. The commission may, pursuant to section 37-327, establish and charge a fee of not more than twenty-four dollars for residents and not more than seventy-two dollars for nonresidents for the issuance of a preference point, in addition to any application fee, in lieu of entering the draw for an antelope permit during the application period for the random drawing.

(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.

(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. The commission may, pursuant to section 37-327, establish and charge a fee of not more than twenty-four dollars for residents and not more than seventy-two dollars for nonresidents for the issuance of a preference point or a bonus point, in addition to any application fee, in lieu of entering the draw for an elk permit during the application period for the random drawing.

(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.

(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, except that an auction permit issued in accordance with subsection (3) of this section to harvest a mountain sheep shall not count against such total.

(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.

(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.

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 six 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.

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.

(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 or a member of such person's 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. Except as provided in subsection (4) of this section, 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 applicant 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 or a member of 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 subsection (4) of this section and the rules and regulations of the commission. For purposes of this section, member of a person's immediate family means and is limited to the spouse of such person, any child or stepchild of such person or of the spouse of such person, any spouse of any such child or stepchild, any grandchild or stepgrandchild of such person or of the spouse of such person, any spouse of such grandchild or stepgrandchild, any sibling of such person sharing ownership in the property, and any spouse of any such sibling.

(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) In addition to any limited permit to hunt deer issued to a qualifying landowner under subsection (3) of this section, the commission shall issue up to eight limited permits to hunt deer during the three days of Saturday through Monday immediately preceding the opening day of firearm deer hunting season to any qualifying landowner meeting the requirements of subdivision (b) of this subsection and designated members of his or her immediate family. The fee for each permit issued under this subsection shall be five dollars. Permits shall be issued subject to the following:

(i) No more than eight permits may be issued per qualifying landowner to the landowner or designated members of his or her immediate family, except that no more than one permit shall be issued per person for the qualifying landowner or any designated member of his or her immediate family;

(ii) Of the eight permits that may be issued, no more than six permits may be issued to persons who are younger than nineteen years of age and no more than two permits may be issued to persons who are nineteen years of age or older; and

(iii) For a Nebraska resident landowner, the number of permits issued shall not exceed the total acreage of the farm or ranch divided by eighty, and for a nonresident landowner, the number of permits issued shall not exceed the total acreage of the farm or ranch divided by three hundred twenty.

(b) For purposes of this subsection, the qualifying criteria for a Nebraska resident described in subdivisions (3)(a)(i) and (ii) of this section and the ownership criteria for a nonresident of Nebraska described in subdivision (3)(b) of this section apply.

(c) The commission may adopt and promulgate rules and regulations to carry out this subsection.

(5)(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.

(6) 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.

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.

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

(1) The commission may issue one free-earned landowner elk permit for the taking of either sex of elk to any person owning or leasing at least eighty acres of farm or ranch land used for agricultural purposes, or to any member of the immediate family of such person as defined in subdivision (2)(a) of section 37-455, when the qualifying number of antlerless elk have been harvested on such land by hunters with a permit issued under section 37-448 or 37-450. Such permit shall be limited to hunting on the lands owned or leased by the qualifying landowner. Receipt of a free-earned landowner elk permit shall not in any way affect a person's eligibility for a permit issued under section 37-450 or 37-455.

(2) The commission shall adopt and promulgate rules and regulations prescribing procedures, forms, and requirements for documentation by landowners or lessees as described in subsection (1) of this section to annually report antlerless elk harvested on their property for eligibility, and the number of antlerless elk required to be harvested on such property to qualify for a free-earned landowner elk permit. The number of antlerless elk harvested to qualify shall accumulate each year until such time as a free-earned landowner elk permit is awarded.

(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 sixty-four 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.

(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.

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.

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.

(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.

(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.

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.

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.

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.

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.

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.

(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.

(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.

(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.

(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.

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.

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.

(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.

(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 54-2914.

(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 54-2914.

(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.

(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.

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.

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.

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.

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.

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.

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.

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

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.

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.

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.

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.

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.

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 five 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.

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.

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.

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.

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.

(1) The commission may take such steps as it deems necessary to provide for the protection and management of raptors. The commission may issue raptor permits for the taking and possession of raptors for the purpose of practicing falconry or wildlife abatement.

(2) A raptor permit for falconry 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 between twelve and 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 raptor permit for falconry for a period of six months after the date of the examination. No person under twelve years of age shall be issued a raptor permit for falconry. A person between twelve and seventeen years of age may be issued a permit only if he or she is sponsored by an adult who has a valid raptor permit for falconry and appropriate experience. All raptor permits for falconry 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) A raptor permit for wildlife abatement may be issued only to a resident of the state who has paid the fees required in this subsection and has agreed to comply with federal law concerning raptors used for wildlife abatement as attested to in his or her application. The commission shall charge a fee for each permit of not more than twenty-three dollars for persons between twelve and 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. No person under twelve years of age shall be issued a raptor permit for wildlife abatement. A person between twelve and seventeen years of age may be issued a permit only if he or she is sponsored and supervised by an adult who has a valid raptor permit for wildlife abatement and appropriate experience. All raptor permits for wildlife abatement shall be nontransferable and shall expire three years after the date of issuance. The commission shall adopt and promulgate rules and regulations to carry out this subsection.

(4) 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.

(5) 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.

(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 raptor permit for falconry, a raptor permit for wildlife abatement, 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 raptor permit for falconry, a raptor permit for wildlife abatement, or a 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.

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.

(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.

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.

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.

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.

(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.

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.

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.

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. The commission may, pursuant to section 37-327, establish and charge a fee of not more than twenty-four dollars for residents and not more than seventy-two dollars for nonresidents for the issuance of a preference point, in addition to any application fee, in lieu of applying for a paddlefish permit during the application period. All fees collected under this section shall be remitted to the State Treasurer for credit to the State Game Fund.

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.

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.

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.

(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.

(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 54-2914 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.

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.

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.

(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.

(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.

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.

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.

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.

(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.

(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.

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.

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.

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.

It shall be unlawful for any person to aid or assist a person who is in violation of section 37-516 or 37-517.

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.

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.

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.

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.

(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.

(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 54-2914, 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 54-2914, which is found to constitute a serious threat to economic or ecologic conditions.

(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.

(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.

The commission shall adopt and promulgate rules and regulations to carry out section 37-524.02.

(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.

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.

(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 and establishing requirements for the display of hunter orange during other authorized hunting seasons.

(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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

(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.

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.

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.

(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.

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.

(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.

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.

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.

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.

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.

(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.

(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.

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.

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.

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.

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.

(1) Any private landowner or tenant may destroy or have destroyed any predator preying on livestock or poultry or suspected of causing other damage on land owned or controlled by such person 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 private landowner or tenant or agent of such person may kill a mountain lion immediately without prior notice to or permission from the commission if such person or agent encounters a mountain lion and the mountain lion is in the process of stalking, killing, or consuming livestock on such person's property. Such private landowner or tenant or 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 any private landowner or tenant or agent of such person 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.

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.

(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.

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.

(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.

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.

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.

It shall be unlawful for any person to aid or assist a person who is in violation of section 37-564.

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.

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.

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.

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.

(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.

(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.

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.

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.

All full-time conservation officers are hereby made peace officers of the state with the powers of sheriffs.

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.

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.

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.

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.

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.

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.

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.

(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.

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.

(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) Twenty-five thousand dollars for each mountain sheep;

(b) Ten thousand dollars for each elk with a minimum of twelve total points and three thousand dollars for any other elk;

(c) Ten thousand dollars for each whitetail deer with a minimum of eight total points and an inside spread between beams of at least sixteen inches, two thousand dollars for any other antlered whitetail deer, and five hundred dollars for each antlerless whitetail deer and whitetail doe deer;

(d) Ten thousand dollars for each mule deer with a minimum of eight total points and an inside spread between beams of at least twenty-two inches and two 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 thousand 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) Five 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.

(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.

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.

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.

The court shall notify the commission of any suspension, revocation, or conviction under sections 37-614 to 37-616.

(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.

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.

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.

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.

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.

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.

(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.

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.

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.

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.

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.

(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.

(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.

It is the intent of the Legislature to preserve the state game refuges described in section 37-706.

(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.

(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 or elk from such refuges whenever the number of deer or elk 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.

(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.

Any person who violates any of the provisions of section 37-708 shall be guilty of a Class III misdemeanor.

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.

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.

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.

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.

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.

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.

(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.

(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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

Nothing in sections 37-729 to 37-736 creates a duty of care or ground of liability for injury to person or property.

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.

Sections 37-801 to 37-814 shall be known and may be cited as the Nongame and Endangered Species Conservation Act.

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)(a) Critical habitat means any specific area within the geographical area occupied by any endangered or threatened species at the time such species was listed pursuant to section 37-806 that contains the physical or biological features that are essential to the conservation of the species and that may require special management considerations or protection.

(b) Critical habitat includes any specific area outside the geographical area occupied by the species at the time such species is listed pursuant to section 37-806 upon a determination by the commission that such area is essential for the conservation of the species.

(c) Critical habitat does not include any manmade structure that is not necessary to the survival or recovery of any endangered or threatened species that is listed pursuant to section 37-806, including any transportation infrastructure or human settlement.

(d) Each public road, street, and highway, including any associated right-of-way, is a manmade structure and is not critical habitat for purposes of the Nongame and Endangered Species Conservation Act;

(2) 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;

(3) Exempt party means any state agency or political subdivision with a lawful duty to design, construct, reconstruct, repair, operate, or maintain transportation infrastructure, or any agent, employee, consultant, or contractor of any such state agency or political subdivision;

(4) Extirpated species means any species of wildlife or wild plants which no longer exists or is found in Nebraska;

(5) 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;

(6) 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;

(7) Restore means to return to a state that is not less beneficial for endangered or threatened species than the property was prior to an exempt party's actions;

(8) 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;

(9) Take means to harass, harm, pursue, hunt, shoot, wound, kill, trap, capture, or collect or attempt to engage in any such conduct;

(10) 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; and

(11) Transportation infrastructure includes any:

(a) Road, street, highway, or right-of-way of a road, street, or highway;

(b) Previously approved and utilized interdependent or interrelated contractor-use site that is identified on the website of the Department of Transportation, including any borrow, waste, plant, stockpile, or construction debris site;

(c) Actions permitted by a state agency or political subdivision within any road, street, highway, or right-of-way of any road, street, or highway controlled by the state agency or political subdivision;

(d) Pedestrian or bicycle trail, lane, or bridge;

(e) Technology with the primary purpose of benefiting the traveling public; and

(f) Broadband infrastructure placed by the Department of Transportation.

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.

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.

(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.

(1)(a) 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.

(b) Within a reasonable time after any federal listing, downlisting, removal, or uplisting, the commission may determine that any species of wildlife or wild plant should receive a different state-listed status throughout all or any portion of the range of such species within this state by completing the formal listing process as prescribed in this section or by retaining its previous state-listed status.

(2) In addition to the species determined to be endangered or threatened pursuant to the Endangered Species Act, the commission shall, by adopting and promulgating rules and regulations, 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, recreational, 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 shall 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 Environment and Energy, the Department of Natural Resources, and any other state agency that the commission determines might be impacted by the proposed action;

(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 that 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 rules and regulations that may be placed on private landowners, or on 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.

(c) 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.

(d) When the commission proposes 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 that 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.

(e) 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 first publishing public notice that such an emergency situation exists together with a summary of facts that 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 its political subdivisions, or by any other person which may affect the species under consideration.

(5) The commission shall adopt and promulgate rules and regulations containing a list of all species of wildlife and wild plants normally occurring within this state that 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 in such list 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 that 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 rules and 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 or section 37-807, 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 federal Surface Transportation Board, any such species; or

(d) Violate any rule or regulation pertaining to the conservation of such species or to any threatened species of wildlife listed pursuant to this section and adopted 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 rule or regulation pertaining to such species or to any threatened species of wild plants listed pursuant to this section and adopted and promulgated by the commission pursuant to the act.

(10) Any endangered species of wildlife or wild plants that enters this state from another state or from a point outside the territorial limits of the United States and that 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, rule, regulation, or ordinance of any political subdivision of this state that 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 rule or regulation that implements the act or (b) prohibit that which is authorized pursuant to an exemption or permit provided for in the act or in any rule or regulation that implements the act. The Nongame and Endangered Species Conservation Act shall not otherwise be construed to void any law, rule, regulation, or ordinance of any political subdivision of this state which is intended to conserve wildlife or wild plants.

(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)(a) For purposes of this section, state agency means any department, agency, board, bureau, or commission of the state or any other entity whose primary function is to act as, and while acting as, an instrumentality or agency of the state, except that state agency does not include a natural resources district or any other political subdivision.

(b) 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.

(c) Each state agency shall, in consultation with and with the assistance of the commission, ensure with the best scientific and commercial data available that any action authorized, funded, or carried out by such state agency is not likely to jeopardize the continued existence of any endangered species or threatened species or result in the destruction or adverse modification of any designated critical habitat.

(4)(a) After each consultation described in subsection (3) of this section, the commission shall provide each state agency, applicant, and project proponent, if any, with a written statement described in subdivision (4)(b) of this section if the commission concludes that:

(i) The agency action will not violate the restrictions in subdivision (3)(c) of this section, or, if the agency action might violate such restrictions, the agency offers reasonable and prudent alternatives that the commission believes will not violate such restrictions; and

(ii) The taking of any endangered or threatened species incidental to the potential action of the state agency will not violate the restrictions in subdivision (3)(c) of this section.

(b) The written statement described in subdivision (4)(a) of this section shall:

(i) Specify the impact of any incidental taking of any endangered or threatened species;

(ii) Specify reasonable and prudent measures that the commission considers necessary or appropriate to minimize such impact; and

(iii) Set forth terms and conditions with which the state agency, applicant, and project proponent, if any, shall comply to implement the measures specified in subdivision (3)(c) of this section, including reporting requirements.

(5) Any taking of any endangered or threatened species that is in compliance with the terms and conditions specified in a written statement provided under subsection (4) of this section is not a prohibited taking of such species.

(6) If the written statement provided under subsection (4) of this section pertains to any species that was listed pursuant to subsection (1) of section 37-806 and a federal incidental take statement has been issued for the same action pursuant to the Endangered Species Act, the commission shall issue a written statement with the same terms as the federal incidental take statement.

(7) 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.

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.

(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.

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.

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. The fund shall consist of money credited pursuant to section 60-3,238 and any other money as determined by the Legislature. The fund shall also consist of money transferred 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.

The Nongame and Endangered Species Conservation Act does not apply to any action of an exempt party in furtherance of its lawful duties associated with designing, constructing, reconstructing, repairing, operating, or maintaining transportation infrastructure, except that:

(1) This exemption does not extend to any state agency as defined in section 37-807 performing any action that would require consultation pursuant to subsection (3) of section 37-807 if such state agency is not actually engaged in designing, constructing, reconstructing, repairing, operating, or maintaining transportation infrastructure; and

(2) The Nongame and Endangered Species Conservation Act applies to any initial action by an exempt party that creates new transportation infrastructure in areas not previously dedicated to the exempt party's lawful duties or any subsequent action that increases the area of existing transportation infrastructure.

(1) To the extent the exempt party deems practical and compatible with the primary purposes of transportation infrastructure, such exempt party shall:

(a) Consider the impact on endangered or threatened species when designing, constructing, reconstructing, repairing, operating, or maintaining transportation infrastructure. The exempt party may modify or amend designs and operation and maintenance practices to decrease or avoid any negative impact on any endangered or threatened species; and

(b) Restore areas of temporary disturbance on real property it owns in fee simple at the conclusion of any construction, reconstruction, repair, operation, or maintenance.

(2)(a) Upon request of any exempt party, the commission shall provide support and recommendations to such exempt party relating to any potential impact caused by the actions of the exempt party on any endangered or threatened species related to the design, construction, reconstruction, repair, operation, or maintenance of transportation infrastructure.

(b) The exempt party may enter into any written agreement with the commission or any other governmental entity for the purpose of providing aid in the conservation of any endangered or threatened species.

(1) Any federally designated critical habitat under the Endangered Species Act shall be critical habitat under the Nongame and Endangered Species Conservation Act.

(2)(a) In addition to federally designated critical habitat under the Endangered Species Act, the commission shall by rule and regulation determine if any additional habitat of a species listed pursuant to subsection (2) of section 37-806 is critical habitat as a result of any of the following factors:

(i) The present or threatened destruction, modification, or curtailment of the habitat or range of such species;

(ii) Overutilization for commercial, recreational, scientific, educational, or other purposes;

(iii) Disease or predation;

(iv) The inadequacy of existing regulatory mechanisms; or

(v) Other natural or manmade factors affecting the continued existence within this state of such species.

(b) The commission shall not designate as critical habitat for any endangered or threatened species the entire geographical area that can be occupied by such endangered or threatened species unless the commission determines that such designation is essential for the survival of the endangered or threatened species.

(c) The commission may, concurrently with making a determination under subsection (2) of section 37-806 that a species is an endangered or threatened species, designate any habitat of such species that is also considered to be critical habitat.

(d) The commission may designate critical habitat for any plant or animal species that is listed under section 37-806 that does not have a designated critical habitat.

(e) The commission may revise any previous designation of critical habitat.

(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 critical habitat designated under subsection (1) of this section, the commission shall not designate or remove designation of critical habitat for a species from any list published pursuant to subsection (5) of this section unless the commission:

(i) Provides public notice of such proposed action by publication in a newspaper of general circulation in each county in which the critical habitat is proposed to be designated, or if the proposed critical habitat designation extends over more than five counties, in a newspaper of statewide circulation distributed in each of the counties;

(ii) Provides notice of such proposed action to and allows comment from the Department of Agriculture, the Department of Environment and Energy, the Department of Natural Resources, and any other state agency that the commission determines might be impacted by the proposed action;

(iii) Provides notice of such proposed action to and allows comment from each natural resources district and public power district located within the area proposed to be designated as critical habitat;

(iv) Notifies the Governor of any state sharing a common border with this state, in which the species for which the critical habitat that is being proposed to be designated is known to occur, that such action is being proposed;

(v) Allows at least sixty days following publication for comment from the public and other interested parties;

(vi) Holds at least one public hearing on such proposed action in each game and parks commissioner district where the critical habitat is proposed to be designated;

(vii) Submits the scientific, commercial, and other data that 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 agency for review. For purposes of this section, state fish and wildlife agency does not include a postsecondary educational institution; and

(viii) For critical habitat proposed to be designated under this subsection, but not for critical habitat proposed to be removed from designation under this subsection, develops an outline of any potential impact, requirement, or rule or regulation that might be placed on any private landowner or other person who holds any state-recognized property right as a result of the listing of the critical habitat designation.

(c) The inadvertent failure to provide notice as required by subdivision (3)(b) of this section shall not prohibit the designation of critical habitat and shall not be deemed to be a violation of the Administrative Procedure Act or the Nongame and Endangered Species Conservation Act.

(d) When the commission proposes to designate or remove designation of critical habitat under this subsection, public notice under subdivision (3)(b)(i) of this section shall include (i) the critical habitat proposed to be listed as designated critical habitat and a description of the portion of the range in which the species for which critical habitat is proposed to be designated is endangered or threatened, (ii) a declaration that the commission submitted the data that 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.

(e) In cases when the commission determines that an emergency situation exists that requires the designation of critical habitat to provide for the continued existence of a species as a viable component of the wild fauna or flora of the state, the commission may add the designated critical habitat to such lists after first publishing public notice that such an emergency situation exists together with a summary of facts that support such determination.

(4) In determining whether any endangered or threatened species requires the designation of critical habitat, 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 its political subdivisions, or by any other person which may affect the species under consideration.

(5) The commission shall adopt and promulgate rules and regulations containing a list of all designated critical habitat in this state and the endangered or threatened species for which such critical habitat was designated. Each species on such list shall be referred to by both scientific and common name or names, if any.

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.

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.

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.

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.

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.

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.

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.

(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.

(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.

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.

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.

(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.

(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.

(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.

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.

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.

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.

(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.

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.

The Trail Development Assistance Act shall not be construed to limit the power of eminent domain of the state or its agencies.

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.

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.

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.

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.

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.

(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.

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.

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.

(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.

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.

The Trail Development and Maintenance Fund is hereby created. The fund shall consist of transfers at the direction of the Legislature and any gifts, bequests, or other contributions to such fund from public or private entities. The Game and Parks Commission shall administer the fund to provide grants to natural resources districts to assist in completing the Missouri-Pacific trail between the cities of Lincoln and Omaha. 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. Beginning October 1, 2024, any investment earnings from investment of money in the fund shall be credited to the General Fund.

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.

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.

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.

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.

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.

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.

Waters of this state shall mean any waters within the territorial limits of Nebraska.

Person shall mean an individual, partnership, limited liability company, firm, corporation, association, or other entity.

Operate shall mean to navigate or otherwise use a motorboat or vessel.

Commission shall mean the Game and Parks Commission.

Length, as it applies to vessels, shall mean extreme overall length.

(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.

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.

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.

(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 twenty-eight dollars for Class 1 boats, fifty-one dollars for Class 2 boats, seventy-two dollars and fifty cents for Class 3 boats, and one hundred twenty dollars for Class 4 boats. Of each motorboat registration fee, not more than ten dollars may be used for the Aquatic Invasive Species Program.

(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, 2021, for motorboat registration. In addition to the information required under subsection (1) of this section, the application for registration shall contain (a)(i) the full legal name as defined in section 60-468.01 of each owner or (ii) the name of each owner as such name appears on the owner's motor vehicle operator's license or state identification card 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.

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 county treasurer shall compute the registration fee on forms and pursuant to rules of the commission.

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.

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.

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.

All registration fees 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.

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.

(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.

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.

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.

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.

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.

(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.

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.

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.

(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.

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.

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.

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.

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.

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.

(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.

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.

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.

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.

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.

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.

Every vessel of Class 2, 3, or 4 shall be provided with an efficient whistle or other sound-producing mechanical appliance.

Every vessel of Class 3 or 4 shall be provided with an efficient bell.

(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.

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.

(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.

A person shall not operate a personal watercraft on the waters of this state during the period from sunset to sunrise.

(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.

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.

(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.

(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.

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.

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.

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.

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.

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.