Chapter 37 — GAME AND PARKS
640 sections in this chapter.
Neb. Rev. Stat. § 37-532 Traps; requirements; violation; penalty.
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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.
Neb. Rev. Stat. § 37-533 Offenses relating to fur-bearing animals; violation; penalty.
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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 h…
Neb. Rev. Stat. § 37-534 Wild turkeys; tagging and storage of carcasses; regulations.
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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.
Neb. Rev. Stat. § 37-535 Hunting game from aircraft or watercraft; prohibited acts; penalty.
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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 dol…
Neb. Rev. Stat. § 37-536 Game birds; prohibited acts; violation; penalty.
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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…
Neb. Rev. Stat. § 37-537 Baiting prohibited; violation; penalty.
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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.
Neb. Rev. Stat. § 37-538 Hunting game birds from vehicle; violation; penalty.
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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…
Neb. Rev. Stat. § 37-539 Game bird nests or eggs; prohibited acts; violation; penalty.
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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.
Neb. Rev. Stat. § 37-540 Protected birds; nest or eggs; prohibited acts.
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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…
Neb. Rev. Stat. § 37-541 Homing pigeon; protection; violation; penalty.
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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 guilt…
Neb. Rev. Stat. § 37-542 Fish unlawfully taken; duty of angler.
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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.
Neb. Rev. Stat. § 37-543 Offenses relating to fish; exceptions; rules and regulations; commission orders; violation; penalty.
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(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, a…
Neb. Rev. Stat. § 37-544 Spear fishing; commission; powers.
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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.
Neb. Rev. Stat. § 37-545 Fish; privately owned pond; removal by owner; commercial fishing permits; violation; penalty.
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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 authoriz…
Neb. Rev. Stat. § 37-546 Offenses relating to baitfish; violation; penalty.
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(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 b…
Neb. Rev. Stat. § 37-547 Aquatic invasive species; wildlife; legislative intent.
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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 wild…
Neb. Rev. Stat. § 37-548 Aquatic invasive species; wildlife; prohibited acts; violation; penalty; release, importation, commercial exploitation, and exportation permits; fees; commission; powers and duties.
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(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 provid…
Neb. Rev. Stat. § 37-549 Fish, mollusks, reptiles, crustaceans, and amphibians; permitted acts.
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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, s…
Neb. Rev. Stat. § 37-550 Wildlife; shipment in interstate commerce; when permitted.
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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 term…
Neb. Rev. Stat. § 37-551 Fish protection; irrigation waters; screens; duty of commission.
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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 …
Neb. Rev. Stat. § 37-552 Fish screens; notice; construction; cost; neglect; liability; liquidated damages; penalty.
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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 b…
Neb. Rev. Stat. § 37-553 Fishway through dam; obligation of owner; commission; powers and duties; violation; penalty.
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(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 suffi…
Neb. Rev. Stat. § 37-554 Explosives or poison; use in waters prohibited; penalties; exceptions; permit.
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(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…
Neb. Rev. Stat. § 37-555 Waters of state; pollution prohibited; violation; penalty.
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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 o…
Neb. Rev. Stat. § 37-556 Waters of state; pollution; carcasses; prohibitions; penalty.
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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 viol…
Neb. Rev. Stat. § 37-557 Hatching boxes and nursery ponds; disturbing prohibited; exception; violation; penalty.
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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 …
Neb. Rev. Stat. § 37-558 Draining harmful matter into waters stocked by commission prohibited; penalty.
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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.
Neb. Rev. Stat. § 37-559 Destruction of predators; permit required; when; mountain lion; actions authorized.
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(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 mean…
Neb. Rev. Stat. § 37-560 Deer, antelope, or elk causing damage to property; removal; disposition of carcass.
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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 c…
Neb. Rev. Stat. § 37-561 Predatory animals; explosive traps; poison gas; lawful use; exceptions; posting of signs.
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(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 ba…
Repealed. Laws 2011, LB 41, § 31.
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[Repealed or reserved.]
Neb. Rev. Stat. § 37-563 Nuisance birds; commission; powers.
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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…
Neb. Rev. Stat. § 37-564 Interference with person hunting, trapping, or fishing.
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(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…
Neb. Rev. Stat. § 37-565 Interference with person hunting, trapping, or fishing; injunction.
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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 u…
Neb. Rev. Stat. § 37-566 Interference with person hunting, trapping, or fishing; affirmative defense.
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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 c…
Neb. Rev. Stat. § 37-567 Interference with person hunting, trapping, or fishing; aiding or assisting prohibited.
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It shall be unlawful for any person to aid or assist a person who is in violation of section 37-564.
Neb. Rev. Stat. § 37-568 Interference with person hunting, trapping, or fishing; prohibited acts.
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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.
Neb. Rev. Stat. § 37-569 Sections; how construed.
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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.
Neb. Rev. Stat. § 37-570 Interference with person hunting, trapping, or fishing; violation; penalty; use of aircraft, vessel, or vehicle; destruction of property; liability.
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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 …
Neb. Rev. Stat. § 37-571 Hunt through the Internet, defined.
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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.
Neb. Rev. Stat. § 37-572 Hunt through the Internet; prohibited acts; confiscation and forfeiture of contraband.
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(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 Wildl…
Neb. Rev. Stat. § 37-573 Violations; penalty.
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(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 …
Neb. Rev. Stat. § 37-601 Jurisdiction of courts; duty of prosecuting attorneys.
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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…
Neb. Rev. Stat. § 37-602 Prosecutions; when and where brought; limitation.
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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 o…
Neb. Rev. Stat. § 37-603 Conservation officers; powers.
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All full-time conservation officers are hereby made peace officers of the state with the powers of sheriffs.
Neb. Rev. Stat. § 37-604 Enforcement of Game Law; duties; fees and mileage.
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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 juri…
Neb. Rev. Stat. § 37-605 Arrests or summons; hearing; failure to appear; violation; penalty.
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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 p…
Neb. Rev. Stat. § 37-606 Corporate offenders; how served; prosecution of agents or employees.
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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 …
Neb. Rev. Stat. § 37-607 Conservation and peace officers; duty to arrest; powers.
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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, p…
Neb. Rev. Stat. § 37-608 Rules and regulations; enforcement; arrest and detention authorized.
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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 underst…