Chapter 37 — GAME AND PARKS
640 sections in this chapter.
Neb. Rev. Stat. § 37-609 Resisting officer or employee of commission; penalty.
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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.
Neb. Rev. Stat. § 37-610 False representation as officer or employee of commission; penalty.
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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 emp…
Neb. Rev. Stat. § 37-611 Separate offense, defined.
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(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) e…
Neb. Rev. Stat. § 37-612 Accessories; penalties.
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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, s…
Neb. Rev. Stat. § 37-613 Wildlife; prohibited acts; liquidated damages; schedule; disposition.
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(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 ea…
Neb. Rev. Stat. § 37-614 Revocation and suspension of permits; grounds.
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(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…
Neb. Rev. Stat. § 37-615 Revoked or suspended permit; unlawful acts; violation; penalty.
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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 permit…
Neb. Rev. Stat. § 37-616 Certain deaths and injuries; suspension or revocation of permits.
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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 o…
Neb. Rev. Stat. § 37-617 Suspension, revocation, or conviction; court; duties.
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The court shall notify the commission of any suspension, revocation, or conviction under sections 37-614 to 37-616.
Neb. Rev. Stat. § 37-618 Suspension or revocation in other jurisdiction; effect; violation; penalty.
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(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 activit…
Neb. Rev. Stat. § 37-619 Game and raw furs illegally acquired or possessed; contraband; seizure and confiscation.
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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 office…
Neb. Rev. Stat. § 37-620 Contraband; evidence; seizure and confiscation.
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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…
Neb. Rev. Stat. § 37-621 Contraband; disposition.
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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 contrab…
Neb. Rev. Stat. § 37-622 Contraband; illegal possession; complaints and search warrants.
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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 eff…
Neb. Rev. Stat. § 37-623 Illegally used nets, traps, ferrets, and devices; seizure and confiscation; destruction; return of guns, legal fish nets, or other hunting and fishing equipment; when made.
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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 w…
Neb. Rev. Stat. § 37-624 Commission; powers; use of federal personnel.
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(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 officer…
Neb. Rev. Stat. § 37-625 Acts prohibited; penalty.
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It shall be unlawful for any person to possess, transport, sell, purchase, barter, trade, import, export, or conspire to possess, transport, sell, purchase, barter, trade, import, or export any wildlife taken, possessed, transported, or exported in violation of the Game Law. Any …
Neb. Rev. Stat. § 37-701 Reserves, refuges, and sanctuaries; how established; acquisition of land.
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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 port…
Neb. Rev. Stat. § 37-702 Sanctuaries on rivers; how established; discontinuance; procedure.
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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 gam…
Neb. Rev. Stat. § 37-703 Reserves, refuges, and sanctuaries; signs; form; where placed; defacing prohibited; penalty.
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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 Bir…
Neb. Rev. Stat. § 37-704 Sanctuaries; rules and regulations; Missouri River sanctuaries; power of commission.
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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 M…
Neb. Rev. Stat. § 37-705 Reserves, sanctuaries, and closed waters; prohibited acts; penalty; exceptions.
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(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 c…
Neb. Rev. Stat. § 37-706 Game refuges; establishment; description.
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(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 a…
Neb. Rev. Stat. § 37-706.01 Legislative intent.
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It is the intent of the Legislature to preserve the state game refuges described in section 37-706.
Neb. Rev. Stat. § 37-707 Game refuges; boundaries; marking; commission; duties; access to property; when.
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(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 commission pursuant to this section, on all roads leading into such refuges. (2)(a) The commission shall adopt and promulgat…
Neb. Rev. Stat. § 37-708 Game refuges; prohibited acts; exceptions.
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(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 (…
Neb. Rev. Stat. § 37-708.01 Rule or regulation; validity; review of other orders or acts; procedure.
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(1) The validity of any rule or regulation adopted by the commission 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 commission pursuant to its authority under sections 37-701 to 37-708 …
Neb. Rev. Stat. § 37-709 Game refuges; violation; penalty.
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Any person who violates any of the provisions of section 37-708 shall be guilty of a Class III misdemeanor.
Neb. Rev. Stat. § 37-710 State Wild Game Preserve; creation; extent; location; acquisition; purpose.
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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…
Neb. Rev. Stat. § 37-711 State Wild Game Preserve; typical specimens of wild game animals and birds; collection, preservation, and distribution.
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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 cap…
Neb. Rev. Stat. § 37-712 State Wild Game Preserve; firearms, hunting, and fishing prohibited.
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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.
Neb. Rev. Stat. § 37-713 State Wild Game Preserve; special permits for taking surplus wild game animals; issuance.
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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 …
Neb. Rev. Stat. § 37-714 Terms, defined.
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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 ecologic…
Neb. Rev. Stat. § 37-715 Legislative findings.
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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 benefi…
Neb. Rev. Stat. § 37-716 Nebraska Natural Areas Register; created; registration; criteria.
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(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 car…
Neb. Rev. Stat. § 37-717 Inclusion in register; nomination; priorities.
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(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 regi…
Neb. Rev. Stat. § 37-718 Contracts and agreements authorized.
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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.
Neb. Rev. Stat. § 37-719 Commission; participating cooperators; powers.
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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 registe…
Neb. Rev. Stat. § 37-720 Agreement; landowner's rights.
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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…
Neb. Rev. Stat. § 37-721 Natural area; use; hearing required.
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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 n…
Neb. Rev. Stat. § 37-722 Hunting, fishing, trapping, fur harvesting on private lands; unlawful except by permission; replevin of animals or pelts.
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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 …
Neb. Rev. Stat. § 37-723 Hunting; privately owned land; posting.
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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.
Neb. Rev. Stat. § 37-724 Hunting; privately owned land; posting; where placed.
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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 inche…
Neb. Rev. Stat. § 37-725 Hunting; privately owned land; posting; written consent; contents.
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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 pe…
Neb. Rev. Stat. § 37-726 Hunting; privately owned land; posting; apprehension of violator; arrest and prosecution.
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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…
Neb. Rev. Stat. § 37-727 Hunting; privately owned land; violations; penalty.
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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.
Neb. Rev. Stat. § 37-728 Fishing; privately owned land; statement required; false statement; penalty.
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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 writt…
Neb. Rev. Stat. § 37-729 Terms, defined.
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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)…
Neb. Rev. Stat. § 37-730 Limitation of liability; purpose of sections.
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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 act…
Neb. Rev. Stat. § 37-731 Landowner; duty of care.
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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.