Chapter 37 — GAME AND PARKS
640 sections in this chapter.
Neb. Rev. Stat. § 37-304 Commission; rules and regulations; commission orders.
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(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 promu…
Neb. Rev. Stat. § 37-305 Rules and regulations; camping areas; violation; penalty.
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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…
Neb. Rev. Stat. § 37-306 Rules and regulations; fire safety; violation; penalty.
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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 comm…
Neb. Rev. Stat. § 37-307 Rules and regulations; animals; violation; penalty.
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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, g…
Neb. Rev. Stat. § 37-308 Rules and regulations; hunting, fishing, and trapping; use of weapons; violation; penalty.
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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. …
Neb. Rev. Stat. § 37-308.01 Rules and regulations; appropriate hunting weapons.
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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.
Neb. Rev. Stat. § 37-309 Rules and regulations; water-related recreational activities; violation; penalty.
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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, b…
Neb. Rev. Stat. § 37-310 Rules and regulations; real and personal property; prohibited acts; violation; penalty.
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(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 st…
Neb. Rev. Stat. § 37-311 Rules and regulations; vendors; violation; penalty.
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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 ty…
Neb. Rev. Stat. § 37-312 Commission permission; procedure.
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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 offi…
Neb. Rev. Stat. § 37-313 Rules and regulations; traffic; violation; penalty.
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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…
Neb. Rev. Stat. § 37-314 Commission; rules and regulations; commission orders; powers; public hearing; notice; seasons; opening and closing; powers of commission; violations; penalty.
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(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 ta…
Neb. Rev. Stat. § 37-315 Commission; reciprocal agreements.
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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.
Neb. Rev. Stat. § 37-316 Rules and regulations; special permits; fish-related activities.
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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) …
Neb. Rev. Stat. § 37-317 Commission; disseminate information and promotional materials.
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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.
Neb. Rev. Stat. § 37-318 Free fishing day; commission; powers and duties.
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(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 nonresi…
Neb. Rev. Stat. § 37-319 Lake, pond, or stream closed to fishing; notice.
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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…
Neb. Rev. Stat. § 37-320 Fish; propagation; stocking; removal by authority of commission; sale; proceeds.
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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 t…
Neb. Rev. Stat. § 37-321 Fish; emergency created by drying up of waters; permission to take by any means; order; violation; penalty.
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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…
Neb. Rev. Stat. § 37-322 Nongame fish; removal by commission; game fish; return to water alive.
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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…
Neb. Rev. Stat. § 37-323 State Game Fund; created; investment; deposits by commission secretary; withholding funds; liability; penalty.
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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 Gam…
Neb. Rev. Stat. § 37-324 Funds from permits and publications; placed in the State Game Fund; how used.
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(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 app…
Neb. Rev. Stat. § 37-325 Commission; funds; how expended.
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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…
Neb. Rev. Stat. § 37-326 Commission; establish change cash funds; use; how funded; amount; monthly accounting.
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(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 commis…
Neb. Rev. Stat. § 37-327 Commission; fees; duty to establish; limit on increase.
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(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,…
Neb. Rev. Stat. § 37-327.01 Game Law Investigation Cash Fund; created; use; investment; record-keeping duties.
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(1) The Game Law Investigation Cash Fund is created. The commission shall use the fund for investigations to enforce 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 …
Neb. Rev. Stat. § 37-327.02 Game and Parks Commission Capital Maintenance Fund; created; use; investment; projects; report.
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(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 adminis…
Neb. Rev. Stat. § 37-327.03 Game and Parks State Park Improvement and Maintenance Fund; created; use; investment.
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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 60-3,163.02, and any gifts, grants, bequests, or donations to the fund. The money credited to the…
Neb. Rev. Stat. § 37-327.04 Game and Parks Commission Educational Fund; created; use; investment.
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The Game and Parks Commission Educational Fund is created. The fund shall consist of money credited pursuant to sections 37-327.05 and 60-3,163.02, any gifts, grants, bequests, or other contributions to such fund, and any other money as determined by the Legislature. The commissi…
Neb. Rev. Stat. § 37-327.05 Fish and wildlife education programs; fees authorized.
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The commission may establish and collect reasonable fees for providing programs relating to fish and wildlife education. Fees for providing such programs shall not exceed the costs of staffing and materials for such programs. The proceeds of all such fees shall be remitted to the…
Neb. Rev. Stat. § 37-328 Commission; acquire site for headquarters; consent of Governor.
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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.
Neb. Rev. Stat. § 37-329 State park system; real estate; acquisition; eminent domain; consent of Legislature.
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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 …
Neb. Rev. Stat. § 37-330 Commission; grant easements.
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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.
Neb. Rev. Stat. § 37-331 Commission; land; exchange; when.
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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 a…
Neb. Rev. Stat. § 37-332 Acquisition of real estate by commission; bordering on lakes or artificial reservoirs; purpose.
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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 …
Neb. Rev. Stat. § 37-333 Meandered lakes; beds; dedication to public use; commission authorized to improve; jurisdiction.
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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 regu…
Neb. Rev. Stat. § 37-334 Commission; participation with other public entities; wildlife habitats; expenditures authorized.
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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, m…
Neb. Rev. Stat. § 37-335 Commission; wildlife management areas; payments in lieu of taxes; proportionate allocation.
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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 p…
Neb. Rev. Stat. § 37-336 State wildlife management areas; commission; powers; fees; disposition of proceeds; violation; penalty.
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(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 wildli…
Neb. Rev. Stat. § 37-337 State park system; purpose.
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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.
Neb. Rev. Stat. § 37-338 Terms, defined.
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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 possibl…
Neb. Rev. Stat. § 37-339 State park system; established; areas included; administration.
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(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 …
Neb. Rev. Stat. § 37-340 State park system; classification of areas.
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The commission shall periodically evaluate and assess the state park system by classifications and may redesignate specific areas from one class to another.
Neb. Rev. Stat. § 37-341 State park system; areas; designation.
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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 ot…
Neb. Rev. Stat. § 37-342 Leases; lease-purchase agreements; commission; powers; restrictions.
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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 l…
Neb. Rev. Stat. § 37-343 Funds; use.
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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.
Neb. Rev. Stat. § 37-344 Rules and regulations; use by public.
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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.
Neb. Rev. Stat. § 37-345 Fees; concessions; disposition; State Park Cash Revolving Fund; created; use; investment.
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(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,…
Neb. Rev. Stat. § 37-346 Commission; state parks; use by public; concessions; length of term; fees.
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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 twen…
Neb. Rev. Stat. § 37-347 Commission; Nebraska State Historical Society; recreational trails; cooperative agreements.
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(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 coope…