reglab/statecodes huggingface dataset:
2023 Nebraska Revised Statutes › Chapter 37 - Game and Parks › 37-707 - Game refuges; boundaries; marking; Department of Natural Resources; duties; access to property; when.

37-707.
Game refuges; boundaries; marking; Department of Natural Resources; duties; access to property; when.
(1) The commission is directed to place suitable signs showing the boundaries of the refuges, as designated in section 37-706, using the map adopted by the Department of Natural Resources pursuant to this section, on all roads leading into such refuges.
(2)(a) The Department of Natural Resources shall adopt and promulgate rules and regulations determining the boundaries of the state game refuges. The department's determination shall be based on the definitions in sections 37-701 to 37-708 and shall include maps showing such boundaries.
(b) The department shall make the initial boundary determinations for the state game refuge in Garden County by March 1, 2005. The department shall make the initial boundary determinations for the remaining state game refuges by January 1, 2006.
(c) Until the initial determinations are made pursuant to subdivision (a) of this subsection, the boundaries that have been determined and maintained by the commission shall remain in effect.
(d) The department shall update any boundary determination required by subdivision (a) of this subsection whenever it determines that there has been a substantial change in the location of the banks of said stream used for locating such boundary.
(e) To the extent necessary to fulfill their obligations under sections 37-701 to 37-708 and pursuant to notice as provided in subdivision (f) of this subsection, the department and the commission shall have access at all reasonable times to all properties to which access is needed to fulfill such obligations. Entry upon such properties for the purposes set forth in such sections shall not be considered trespass.
(f) Notice of intent to enter upon property for the purposes of subdivision (2)(e) of this section shall be satisfied by publishing such notice at least once each week for three consecutive weeks in a legal newspaper published or of general circulation in the county or counties in which such property and such game refuge are located.
Source
Laws 1939, c. 43, § 2, p. 202;
C.S.Supp.,1941, § 37-429;
R.S.1943, § 37-419;
Laws 1947, c. 135, § 3, p. 380;
R.S.1943, (1993), § 37-419;
Laws 1998, LB 922, § 321;
Laws 2004, LB 826, § 4.
Annotations
Game Refuge Act was sustained as constitutional against contention that it was special law for protection of game and fish. Bauer v. State Game, Forestation and Parks Com., 138 Neb. 436, 293 N.W. 282 (1940).
2023 Nebraska Revised Statutes › Chapter 37 - Game and Parks › 37-708 - Game refuges; prohibited acts; exceptions.

37-708.
Game refuges; prohibited acts; exceptions.
(1) It shall be unlawful within the boundaries of the state game refuges designated in section 37-706 for any person (a) to hunt or chase with dogs any game birds, game animals, or other birds or animals of any kind or description whatever, (b) to carry firearms of any kind, or (c) from October 15 through January 15 each year to operate a motorboat as defined in section 37-1204.
(2) This section shall not prevent highway or railroad transport of firearms or dogs across the refuge, retrieval of game birds lawfully killed from such refuge, or the taking of fur-bearing animals by the use of traps during lawful open seasons on the refuge.
(3) This section shall not prevent the commission from issuing such permits as may be necessary for the killing of animal or bird predators that may endanger game birds or game animals or the domestic property of adjacent landowners or from issuing permits as provided in sections 37-447 to 37-452 for the taking of deer 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.
Source
Laws 1939, c. 43, § 3, p. 202;
C.S.Supp.,1941, § 37-430;
R.S.1943, § 37-420;
Laws 1947, c. 135, § 4, p. 380;
Laws 1965, c. 202, § 1, p. 605;
Laws 1993, LB 235, § 20;
R.S.1943, (1993), § 37-420;
Laws 1998, LB 922, § 322;
Laws 2023, LB565, § 32.
Operative Date: September 2, 2023
Annotations
Game Refuge Act was sustained as constitutional against contention that it was special law for protection of game and fish. Bauer v. State Game, Forestation and Parks Com., 138 Neb. 436, 293 N.W. 282 (1940).
2023 Nebraska Revised Statutes › Chapter 37 - Game and Parks › 37-708.01 - Rule or regulation; validity; review of other orders or acts; procedure.

37-708.01.
Rule or regulation; validity; review of other orders or acts; procedure.
(1) The validity of any rule or regulation adopted by the Department of Natural Resources pursuant to sections 37-701 to 37-708 may be determined pursuant to section 84-911.
(2) Any person aggrieved by any other order or act of the department or commission pursuant to its authority under sections 37-701 to 37-708 may, within thirty days after notice thereof, file a petition in the district court of the county in which the aggrieved person resides or, if the aggrieved person is not a resident of Nebraska, in the district court of Lancaster County, for review. The court shall summarily hear the petition as a case in equity without a jury and may order only declaratory or prospective injunctive relief with regard to such order or act.
(3) Except as provided in subsection (1) of this section, the appeal procedures described in the Administrative Procedure Act shall not apply to actions taken pursuant to sections 37-701 to 37-708.
(4) The appeal procedures described in sections 61-206 and 61-207 do not apply to actions taken pursuant to sections 37-701 to 37-708.
Source
Laws 2004, LB 826, § 5.
Cross References
Administrative Procedure Act, see section 84-920.
2023 Nebraska Revised Statutes › Chapter 37 - Game and Parks › 37-709 - Game refuges; violation; penalty.

37-709.
Game refuges; violation; penalty.
Any person who violates any of the provisions of section 37-708 shall be guilty of a Class III misdemeanor.
Source
Laws 1939, c. 43, § 4, p. 202;
C.S.Supp.,1941, § 37-431;
R.S.1943, § 37-421;
Laws 1947, c. 135, § 5, p. 380;
Laws 1977, LB 40, § 187;
Laws 1993, LB 235, § 21;
R.S.1943, (1993), § 37-421;
Laws 1998, LB 922, § 323.
2023 Nebraska Revised Statutes › Chapter 37 - Game and Parks › 37-710 - State Wild Game Preserve; creation; extent; location; acquisition; purpose.

37-710.
State Wild Game Preserve; creation; extent; location; acquisition; purpose.
The commission is hereby authorized to create within Scotts Bluff, Banner, and Morrill Counties, Nebraska, or any one or more of such counties, a state wild game preserve to be known as the State Wild Game Preserve, to be composed of a tract of land of not less than four thousand acres nor more than ten thousand acres which shall have been procured by the state within the boundaries of any one or more of such counties. Any land so selected and procured shall be chiefly rough in its topography and shall include an ample amount of natural shelter as provided by canyons and timber, water supply, and native grasses such as are characteristic of the Wildcat Hills in such counties. The commission is authorized to acquire such premises and, when so procured, shall enclose such tract with a good and sufficient fence and shall keep and maintain the fence in a good and sufficient state of repair.
Source
Laws 1927, c. 30, § 1, p. 146;
C.S.1929, § 37-415;
R.S.1943, § 37-415;
R.S.1943, (1993), § 37-415;
Laws 1998, LB 922, § 324.
2023 Nebraska Revised Statutes › Chapter 37 - Game and Parks › 37-711 - State Wild Game Preserve; typical specimens of wild game animals and birds; collection, preservation, and distribution.

37-711.
State Wild Game Preserve; typical specimens of wild game animals and birds; collection, preservation, and distribution.
After enclosing the State Wild Game Preserve with a fence, it shall be the duty of the commission to collect, maintain, and perpetuate typical specimens of wild game animals and birds indigenous to the State of Nebraska in its pioneer history, to place the same in charge of a capable caretaker, and to maintain such animals in its discretion as to number, kind, and species, and as to quality of care, to the end that the intentions of section 37-710 may be carried out. The commission shall furnish wild game to public parks of the state whenever the commission has the same on hand available for distribution.
Source
Laws 1927, c. 30, § 2, p. 146;
C.S.1929, § 37-416;
R.S.1943, § 37-416;
R.S.1943, (1993), § 37-416;
Laws 1998, LB 922, § 325.
2023 Nebraska Revised Statutes › Chapter 37 - Game and Parks › 37-712 - State Wild Game Preserve; firearms, hunting, and fishing prohibited.

37-712.
State Wild Game Preserve; firearms, hunting, and fishing prohibited.
Except as provided in section 37-713, it shall be unlawful for any person to carry firearms, hunt, or fish within the limits of the State Wild Game Preserve.
Source
Laws 1927, c. 30, § 3, p. 147;
C.S.1929, § 37-417;
R.S.1943, § 37-417;
Laws 1961, c. 169, § 4, p. 503;
R.S.1943, (1993), § 37-417;
Laws 1998, LB 922, § 326.
2023 Nebraska Revised Statutes › Chapter 37 - Game and Parks › 37-713 - State Wild Game Preserve; special permits for taking surplus wild game animals; issuance.

37-713.
State Wild Game Preserve; special permits for taking surplus wild game animals; issuance.
Whenever the number of wild game animals on the State Wild Game Preserve increases beyond the practical carrying capacity of the land involved, and no disposal of such animals to the public parks of the State of Nebraska is practical, the commission is hereby authorized to issue special permits for the taking of such surplus animals and to provide by regulation fees for such special permits and regulate methods and conditions of taking. Such special permits shall be distributed by an impartial manner, by lot.
Source
Laws 1959, c. 150, § 10, p. 575;
R.S.1943, (1993), § 37-401.01;
Laws 1998, LB 922, § 327.
2023 Nebraska Revised Statutes › Chapter 37 - Game and Parks › 37-714 - Terms, defined.

37-714.
Terms, defined.
For purposes of sections 37-714 to 37-721:
(1) Natural area means an area of land or water, whether publicly or privately owned, which retains to some degree its primeval character, though it need not be completely natural and undisturbed, or has natural flora, fauna, or ecological features of scientific or educational interest;
(2) Participating cooperators means any nonprofit conservation organizations or public agencies which enter into agreements pursuant to section 37-718; and
(3) Register means the Nebraska Natural Areas Register created pursuant to section 37-716.
Source
Laws 1989, LB 251, § 3;
R.S.1943, (1993), § 37-1402;
Laws 1998, LB 922, § 328.
2023 Nebraska Revised Statutes › Chapter 37 - Game and Parks › 37-715 - Legislative findings.

37-715.
Legislative findings.
The Legislature hereby finds and declares that the protection of natural diversity promotes the quality of life for Nebraska residents and their descendents and the protection of natural areas maintains species and their genetic diversity for economic development and human benefit. The Legislature further finds and declares that specific knowledge of the status and location of natural heritage resources and their recognition can prevent needless conflict with economic development and voluntary cooperation of landowners is an effective and cost-efficient means to protect significant natural resources.
Source
Laws 1989, LB 251, § 2;
R.S.1943, (1993), § 37-1401;
Laws 1998, LB 922, § 329.
2023 Nebraska Revised Statutes › Chapter 37 - Game and Parks › 37-716 - Nebraska Natural Areas Register; created; registration; criteria.

37-716.
Nebraska Natural Areas Register; created; registration; criteria.
(1) The commission shall create and maintain a state register of those natural areas which possess significant natural heritage resources which shall be known as the Nebraska Natural Areas Register. The commission shall adopt and promulgate policies, rules, and regulations to carry out the registration of natural areas. The natural areas included in the register shall substantially satisfy at least one of the following criteria:
(a) The natural area shall possess an exemplary or rare plant community maintaining itself under prevailing natural conditions typical of Nebraska;
(b) The natural area shall be a habitat supporting a rare, threatened, or endangered species, a species in need of conservation, or other animal or plant species of concern;
(c) The natural area shall support a relict flora or fauna persisting from an earlier period; or
(d) The natural area shall serve as a seasonal haven for concentrations of birds or other animals.
(2) Natural areas which are candidates for inclusion in the register shall be identified by the commission based on available evidence and standards prescribed by the commission. Interested parties may propose possible natural areas to the commission for review of the national and statewide significance of their natural heritage features. Natural areas which meet the established standards may be considered as eligible for the register.
Source
Laws 1989, LB 251, § 4;
R.S.1943, (1993), § 37-1403;
Laws 1998, LB 922, § 330.
2023 Nebraska Revised Statutes › Chapter 37 - Game and Parks › 37-717 - Inclusion in register; nomination; priorities.

37-717.
Inclusion in register; nomination; priorities.
(1) At least once each year, the commission shall meet with interested parties to review the status, distribution, and significance of the animal and plant species and natural areas within Nebraska. After completing the review, the sites may be nominated for inclusion in the register and submitted with nomination documents for consideration by the commission. Nomination of natural areas for inclusion in the register shall be based on one or more of the following priorities:
(a) Rareness of the natural heritage features on a national, statewide, or ecological region scale;
(b) Excellence and completeness of the natural heritage features found in the natural area;
(c) Degree to which a natural area or its natural heritage features are threatened with incompatible use;
(d) Degree of protection afforded to similar features elsewhere in the state or ecological region; and
(e) Viability of the natural features in the natural area.
(2) Following approval of nominated natural areas by the commission, the natural area shall be added to the register. No privately owned lands may be nominated for registration without prior notice to the owner or registered without voluntary consent of the owner.
Source
Laws 1989, LB 251, § 5;
R.S.1943, (1993), § 37-1404;
Laws 1998, LB 922, § 331.
2023 Nebraska Revised Statutes › Chapter 37 - Game and Parks › 37-718 - Contracts and agreements authorized.

37-718.
Contracts and agreements authorized.
The commission may enter into contracts, memoranda of understanding, or cooperative agreements with the participating cooperators to jointly conduct or act as the agent for the commission in landowner contact and other operations relating to the register.
Source
Laws 1989, LB 251, § 6;
R.S.1943, (1993), § 37-1405;
Laws 1998, LB 922, § 332.
2023 Nebraska Revised Statutes › Chapter 37 - Game and Parks › 37-719 - Commission; participating cooperators; powers.

37-719.
Commission; participating cooperators; powers.
The commission and participating cooperators may provide to the owners of registered natural areas:
(1) Recognition for their participation in the register by appropriate publicity and the presentation of certificates or plaques;
(2) Advice on the proper management of the registered natural area to protect the biological features for which the area was registered; and
(3) Assistance in management or monitoring activities to maintain the natural heritage features of the registered natural area. Such activities may include, but shall not be limited to, taking a census of the population, vegetation control, and prescribed burning.
Source
Laws 1989, LB 251, § 7;
R.S.1943, (1993), § 37-1406;
Laws 1998, LB 922, § 333.
2023 Nebraska Revised Statutes › Chapter 37 - Game and Parks › 37-720 - Agreement; landowner's rights.

37-720.
Agreement; landowner's rights.
A voluntary agreement between a landowner and the commission or the participating cooperators to register a natural area shall not affect a landowner's property rights or use of the land. The landowner may withdraw from the agreement by notifying the commission. No state or local governmental agency may require landowner consent to the agreement as a condition of any permit or penalize any landowner in any way for failure to give or for withdrawal of such consent.
Source
Laws 1989, LB 251, § 8;
R.S.1943, (1993), § 37-1407;
Laws 1998, LB 922, § 334.
2023 Nebraska Revised Statutes › Chapter 37 - Game and Parks › 37-721 - Natural area; use; hearing required.

37-721.
Natural area; use; hearing required.
The maintenance of a registered natural area in its natural state is hereby declared to be the highest, best, and most important use of the natural area. No entity of local or state government may undertake any activities or use the registered natural area in any way that would negatively impact the values of the natural area without first conducting a public hearing on such negative impact and filing with the secretary of the commission a statement justifying the negative impact on the natural area of such activities or use.
Source
Laws 1989, LB 251, § 9;
Laws 1990, LB 826, § 2;
R.S.1943, (1993), § 37-1408;
Laws 1998, LB 922, § 335.
2023 Nebraska Revised Statutes › Chapter 37 - Game and Parks › 37-722 - Hunting, fishing, trapping, fur harvesting on private lands; unlawful except by permission; replevin of animals or pelts.

37-722.
Hunting, fishing, trapping, fur harvesting on private lands; unlawful except by permission; replevin of animals or pelts.
It shall be unlawful for anyone to take any wildlife upon any private lands without permission of the owner. It shall be unlawful for anyone to trap or otherwise harvest fur-bearing animals upon the lands of another without his or her consent. Animals and the pelts thereof taken contrary to this section may be replevied by the owner of the lands. For purposes of this section, owner means the actual owner of the land and any tenant or agent in possession or charge thereof for him or her.
Source
Laws 1929, c. 112, V, § 10, p. 429;
C.S.1929, § 37-510;
R.S.1943, § 37-510;
Laws 1967, c. 216, § 13, p. 588;
Laws 1981, LB 72, § 19;
Laws 1989, LB 34, § 33;
R.S.1943, (1993), § 37-510;
Laws 1998, LB 922, § 336.
Annotations
Persons who hunt on private property without permission are subject to prosecution under this section even if the property is not posted. State v. Blevins, 3 Neb. App. 111, 523 N.W.2d 701 (1994).
2023 Nebraska Revised Statutes › Chapter 37 - Game and Parks › 37-723 - Hunting; privately owned land; posting.

37-723.
Hunting; privately owned land; posting.
In the interest of providing access to more private property for the privilege of hunting and in protecting the property rights of the landowners and tenants of farms and ranches, it shall be lawful to post private property as provided in section 37-724.
Source
Laws 1963, c. 199, § 1, p. 646;
R.S.1943, (1993), § 37-213.02;
Laws 1998, LB 922, § 337.
2023 Nebraska Revised Statutes › Chapter 37 - Game and Parks › 37-724 - Hunting; privately owned land; posting; where placed.

37-724.
Hunting; privately owned land; posting; where placed.
The landowner or tenant who is the principal operator of a farm or ranch may post such property to allow for hunting, by written permission only, in the following ways:
(1) With signs reading Hunting By Written Permission Only. The signs shall be at least eleven by fourteen inches with letters at least one and one-half inches high and shall be placed at each field entrance and at intervals of not more than four hundred forty yards and at all property corners. The name and address of the owner or tenant shall be on each sign; or
(2) By placing identifying red paint marks on trees or posts in the following manner:
(a) The identifying red paint marks shall be vertical lines of at least eight inches in length and three inches in width on trees or on any post which is not metal, or if metal posts are used, the identifying red paint marks shall completely surround the post and extend down at least eight inches from the top of the metal post. The bottom edge of the identifying red paint marks shall be not less than three feet and not more than five feet off the ground;
(b) The identifying red paint marks shall be readily visible to any person approaching the property; and
(c) The identifying red paint marks shall be placed at each field entrance and shall not be more than one hundred yards apart.
Source
Laws 1963, c. 199, § 2, p. 646;
Laws 1973, LB 284, § 1;
R.S.1943, (1993), § 37-213.03;
Laws 1998, LB 922, § 338;
Laws 1999, LB 176, § 95;
Laws 2002, LB 1003, § 32.
2023 Nebraska Revised Statutes › Chapter 37 - Game and Parks › 37-725 - Hunting; privately owned land; posting; written consent; contents.

37-725.
Hunting; privately owned land; posting; written consent; contents.
The operator of property which has been posted as provided in section 37-724 shall have the privilege of permitting or denying hunting on such property, except that when consent for persons other than members of the family is extended, it shall be written consent. Each written permit shall be for such time as the operator shall designate and shall bear the date and the signature of the farm or ranch operator.
Source
Laws 1963, c. 199, § 3, p. 646;
R.S.1943, (1993), § 37-213.04;
Laws 1998, LB 922, § 339.
2023 Nebraska Revised Statutes › Chapter 37 - Game and Parks › 37-726 - Hunting; privately owned land; posting; apprehension of violator; arrest and prosecution.

37-726.
Hunting; privately owned land; posting; apprehension of violator; arrest and prosecution.
Anyone who is apprehended by a conservation officer or other peace officer hunting upon the private property of another which has been legally posted as provided in section 37-724 shall be subject to arrest and prosecution without the signing of a complaint by the operator of the property.
Source
Laws 1963, c. 199, § 4, p. 647;
R.S.1943, (1993), § 37-213.05;
Laws 1998, LB 922, § 340;
Laws 1999, LB 176, § 96.
2023 Nebraska Revised Statutes › Chapter 37 - Game and Parks › 37-727 - Hunting; privately owned land; violations; penalty.

37-727.
Hunting; privately owned land; violations; penalty.
Any person violating section 37-722 or sections 37-724 to 37-726 shall be guilty of a Class III misdemeanor and shall be fined at least two hundred dollars upon conviction.
Source
Laws 1963, c. 199, § 5, p. 647;
Laws 1977, LB 40, § 178;
R.S.1943, (1993), § 37-213.06;
Laws 1998, LB 922, § 341;
Laws 2009, LB105, § 35.
2023 Nebraska Revised Statutes › Chapter 37 - Game and Parks › 37-728 - Fishing; privately owned land; statement required; false statement; penalty.

37-728.
Fishing; privately owned land; statement required; false statement; penalty.
Whenever an invitee takes fish in any body of water which is entirely upon privately owned land and which is entirely privately stocked and the invitee wishes to remove the fish from the premises, the owner or operator by consent of the owner shall furnish to such invitee a written statement setting forth the name of the owner, the name of the invitee, the number of fish taken, and that such fish were taken in a body of water which is entirely upon privately owned land and which is entirely privately stocked. Any person who makes or exhibits to a conservation officer or other peace officer a false statement of the facts required by this section shall be guilty of a Class V misdemeanor.
Source
Laws 1959, c. 149, § 3, p. 566;
Laws 1977, LB 40, § 177;
R.S.1943, (1993), § 37-213.01;
Laws 1998, LB 922, § 342;
Laws 1999, LB 176, § 97.
2023 Nebraska Revised Statutes › Chapter 37 - Game and Parks › 37-730 - Limitation of liability; purpose of sections.

37-730.
Limitation of liability; purpose of sections.
The purpose of sections 37-729 to 37-736 is to encourage owners of land to make available to the public land and water areas for recreational purposes by limiting their liability toward persons entering thereon and toward persons who may be injured or otherwise damaged by the acts or omissions of persons entering thereon.
Source
Laws 1965, c. 193, § 1, p. 589;
R.S.1943, (1993), § 37-1001;
Laws 1998, LB 922, § 344.
Annotations
The Recreation Liability Act applies to bar liability only in premises liability cases. Hodson v. Taylor, 290 Neb. 348, 860 N.W.2d 162 (2015).
The purpose of the Recreation Liability Act 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. The Legislature did not intend for a court to look to the subjective intent of an injured plaintiff in using public land to determine whether or not the Recreation Liability Act would bar an action. Veskerna v. City of West Point, 254 Neb. 540, 578 N.W.2d 25 (1998).
In order to facilitate the purpose of the Recreation Liability Act, a landowner need allow only some members of the public, including the plaintiff, to use his or her land without charge. McIntosh v. Omaha Public Schools, 249 Neb. 529, 544 N.W.2d 502 (1996).
The Recreation Liability Act does not require a landowner to fully dedicate his or her property to the public before the landowner comes under the protection of the act. Holden v. Schwer, 242 Neb. 389, 495 N.W.2d 269 (1993).
Provisions of Recreation Liability Act apply to urban as well as rural areas. Evidence required a finding that the entire area owned by the defendant was covered by act and had been made available, directly or indirectly, to the plaintiff. Gallagher v. Omaha Public Power Dist., 225 Neb. 354, 405 N.W.2d 571 (1987).
A municipality is an owner within the meaning of the Recreation Liability Act. Bailey v. City of North Platte, 218 Neb. 810, 359 N.W.2d 766 (1984).
2023 Nebraska Revised Statutes › Chapter 37 - Game and Parks › 37-731 - Landowner; duty of care.

37-731.
Landowner; duty of care.
Subject to section 37-734, an owner of land owes no duty of care to keep the premises safe for entry or use by others for recreational purposes or to give any warning of a dangerous condition, use, structure, or activity on such premises to persons entering for such purposes.
Source
Laws 1965, c. 193, § 2, p. 589;
R.S.1943, (1993), § 37-1002;
Laws 1998, LB 922, § 345.
Annotations
No duty of reasonable care will be judicially imposed where Legislature has decided there shall be no duty to keep premises safe. Thies v. City of Omaha, 225 Neb. 817, 408 N.W.2d 306 (1987).
Owner owes no duty of care to keep premises safe except for willful or malicious failure to guard or warn, and where owner charges a fee for entry as provided by section 37-1005. Thies v. City of Omaha, 225 Neb. 817, 408 N.W.2d 306 (1987).
A city park which provides camping, picnic, and sports facilities is a recreational facility within the meaning of the act. Garreans v. City of Omaha, 216 Neb. 487, 345 N.W.2d 309 (1984).
2023 Nebraska Revised Statutes › Chapter 37 - Game and Parks › 37-732 - Landowner; invitee; permittee; liability; limitation.

37-732.
Landowner; invitee; permittee; liability; limitation.
Subject to section 37-734, an owner of land who either directly or indirectly invites or permits without charge any person to use such property for recreational purposes does not thereby (1) extend any assurance that the premises are safe for any purpose, (2) confer upon such persons the legal status of an invitee or licensee to whom a duty of care is owed, or (3) assume responsibility for or incur liability for any injury to person or property caused by an act or omission of such persons.
Source
Laws 1965, c. 193, § 3, p. 589;
R.S.1943, (1993), § 37-1003;
Laws 1998, LB 922, § 346.
Annotations
Evidence required a finding that the entire area owned by the defendant was covered by act and had been made available, directly or indirectly, to the plaintiff. Gallagher v. Omaha Public Power Dist., 225 Neb. 354, 405 N.W.2d 571 (1987).
Recreation Liability Act is not limited to private persons; governmental subdivisions are "owners" within meaning of this section. Gallagher v. Omaha Public Power Dist., 225 Neb. 354, 405 N.W.2d 571 (1987).
2023 Nebraska Revised Statutes › Chapter 37 - Game and Parks › 37-733 - Land leased to state; duty of landowner.

37-733.
Land leased to state; duty of landowner.
Unless otherwise agreed in writing, an owner of land leased to the state for recreational purposes owes no duty of care to keep that land safe for entry or use by others or to give warning to persons entering or going upon such land of any hazardous conditions, uses, structures, or activities thereon. An owner who leases land to the state for recreational purposes shall not by giving such lease (1) extend any assurance to any person using the land that the premises are safe for any purpose, (2) confer upon such persons the legal status of an invitee or licensee to whom a duty of care is owed, or (3) assume responsibility for or incur liability for any injury to person or property caused by an act or omission of a person who enters upon the leased land. The provisions of this section shall apply whether the person entering upon the leased land is an invitee, licensee, trespasser, or otherwise.
Source
Laws 1965, c. 193, § 4, p. 590;
R.S.1943, (1993), § 37-1004;
Laws 1998, LB 922, § 347.
2023 Nebraska Revised Statutes › Chapter 37 - Game and Parks › 37-734 - Landowner; liability.

37-734.
Landowner; liability.
Nothing in sections 37-729 to 37-736 limits in any way any liability which otherwise exists (1) for willful or malicious failure to guard or warn against a dangerous condition, use, structure, or activity or (2) for injury suffered in any case where the owner of land charges the person or persons who enter or go on the land.
Source
Laws 1965, c. 193, § 5, p. 590;
R.S.1943, (1993), § 37-1005;
Laws 1998, LB 922, § 348;
Laws 2005, LB 3, § 1.
Annotations
The term "rental paid" is unconstitutionally vague, and accordingly, the last sentence of this section is invalid. Teters v. Scottsbluff Public Schools, 256 Neb. 645, 592 N.W.2d 155 (1999).
A finding that an owner of property protected by this act did not act willfully or maliciously as described in this section is a finding of fact which will not be disturbed unless clearly wrong. Thies v. City of Omaha, 225 Neb. 817, 408 N.W.2d 306 (1987).
In order for action to be willful or wanton, the evidence must show that one acted with actual knowledge that a danger existed and that he intentionally failed to act to prevent the harm which was reasonably likely to result. Gallagher v. Omaha Public Power Dist., 225 Neb. 354, 405 N.W.2d 571 (1987).
2023 Nebraska Revised Statutes › Chapter 37 - Game and Parks › 37-735 - Sections, how construed.

37-735.
Sections, how construed.
Nothing in sections 37-729 to 37-736 creates a duty of care or ground of liability for injury to person or property.
Source
Laws 1965, c. 193, § 6, p. 590;
R.S.1943, (1993), § 37-1006;
Laws 1998, LB 922, § 349.
Annotations
Because the Recreation Liability Act is in derogation of common law, the act is to be strictly construed. Dykes v. Scotts Bluff Cty. Ag. Socy., Inc., 260 Neb. 375, 617 N.W.2d 817 (2000).
2023 Nebraska Revised Statutes › Chapter 37 - Game and Parks › 37-736 - Obligation of person entering upon and using land.

37-736.
Obligation of person entering upon and using land.
Nothing in sections 37-729 to 37-736 limits in any way the obligation of a person entering upon or using the land of another for recreational purposes to exercise due care in his or her use of such land in his or her activities thereon.
Source
Laws 1965, c. 193, § 7, p. 590;
R.S.1943, (1993), § 37-1007;
Laws 1998, LB 922, § 350.
2023 Nebraska Revised Statutes › Chapter 37 - Game and Parks › 37-801 - Act, how cited.

37-801.
Act, how cited.
Sections 37-801 to 37-811 shall be known and may be cited as the Nongame and Endangered Species Conservation Act.
Source
Laws 1975, LB 145, § 1;
Laws 1984, LB 466, § 1;
R.S.1943, (1993), § 37-430;
Laws 1998, LB 922, § 351.
2023 Nebraska Revised Statutes › Chapter 37 - Game and Parks › 37-802 - Terms, defined.

37-802.
Terms, defined.
For purposes of the Nongame and Endangered Species Conservation Act, unless the context otherwise requires, the definitions found in sections 37-203 to 37-236, 37-238, 37-239, 37-241, and 37-243 to 37-247 and the following definitions are used:
(1) Endangered species means any species of wildlife or wild plants whose continued existence as a viable component of the wild fauna or flora of the state is determined to be in jeopardy or any species of wildlife or wild plants which meets the criteria of the Endangered Species Act;
(2) Extirpated species means any species of wildlife or wild plants which no longer exists or is found in Nebraska;
(3) Nongame species means any species of mollusks, crustaceans, or vertebrate wildlife not legally classified as game bird, game animal, game fish, fur-bearing animal, threatened species, or endangered species by statute or regulation of this state;
(4) Person means an individual, corporation, partnership, limited liability company, trust, association, or other private entity or any officer, employee, agent, department, or instrumentality of the federal government, any state or political subdivision thereof, or any foreign government;
(5) Species means any subspecies of wildlife or wild plants and any other group of wildlife of the same species or smaller taxa in common spatial arrangement that interbreed when mature;
(6) Take means to harass, harm, pursue, hunt, shoot, wound, kill, trap, capture, or collect or attempt to engage in any such conduct; and
(7) Threatened species means any species of wild fauna or flora which appears likely to become endangered, either by determination of the commission or by criteria provided by the Endangered Species Act.
Source
Laws 1975, LB 145, § 2;
Laws 1984, LB 466, § 3;
Laws 1987, LB 150, § 2;
Laws 1993, LB 121, § 202;
R.S.1943, (1993), § 37-431;
Laws 1998, LB 922, § 352.
2023 Nebraska Revised Statutes › Chapter 37 - Game and Parks › 37-803 - Legislative intent.

37-803.
Legislative intent.
The Legislature finds and declares:
(1) That it is the policy of this state to conserve species of wildlife for human enjoyment, for scientific purposes, and to insure their perpetuation as viable components of their ecosystems;
(2) That species of wildlife and wild plants normally occurring within this state which may be found to be threatened or endangered within this state shall be accorded such protection as is necessary to maintain and enhance their numbers;
(3) That this state shall assist in the protection of species of wildlife and wild plants which are determined to be threatened or endangered elsewhere pursuant to the Endangered Species Act by prohibiting the taking, possession, transportation, exportation from this state, processing, sale or offer for sale, or shipment within this state of such endangered species and by carefully regulating such activities with regard to such threatened species. Exceptions to such prohibitions, for the purpose of enhancing the conservation of such species, may be permitted as set forth in the Nongame and Endangered Species Conservation Act; and
(4) That any funding for the conservation of nongame, threatened, and endangered species shall be made available to the commission from General Fund appropriations, the Wildlife Conservation Fund, or other sources of revenue not deposited in the State Game Fund.
Source
Laws 1975, LB 145, § 3;
Laws 1984, LB 466, § 4;
R.S.1943, (1993), § 37-432;
Laws 1998, LB 922, § 353;
Laws 2007, LB299, § 17.
2023 Nebraska Revised Statutes › Chapter 37 - Game and Parks › 37-804 - Legislative declarations.

37-804.
Legislative declarations.
The Legislature hereby declares that nongame, threatened, and endangered species have need of special protection and that it is in the public interest to preserve, protect, perpetuate, and enhance such species of this state through preservation of a satisfactory environment and an ecological balance. The purpose of section 37-811 and section 77-27,119.01 is to provide a means by which such protection may be financed through a voluntary checkoff designation on state income tax return forms. The intent of the Legislature is that the program of income tax checkoff is supplemental to any funding and in no way is intended to take the place of the funding that would otherwise be appropriated for such purpose.
Source
Laws 1984, LB 466, § 2;
Laws 1989, LB 258, § 1;
R.S.1943, (1993), § 37-432.01;
Laws 1998, LB 922, § 354.
2023 Nebraska Revised Statutes › Chapter 37 - Game and Parks › 37-805 - Commission; develop conservation programs; unlawful acts.

37-805.
Commission; develop conservation programs; unlawful acts.
(1) The commission shall conduct investigations of nongame wildlife in order to develop information relating to population, distribution, habitat needs, limiting factors, and other biological and ecological data to determine conservation measures necessary to enable such nongame wildlife to sustain itself successfully. On the basis of such determinations the commission shall develop a list of nongame wildlife in need of conservation, issue proposed regulations not later than two years from August 24, 1975, and develop conservation programs designed to insure the continued ability of nongame wildlife in need of conservation to perpetuate itself successfully. The commission shall conduct continuing investigations of nongame wildlife.
(2) The commission shall establish such proposed limitations relating to the taking, possession, transportation, exportation from this state, processing, sale or offer for sale, or shipment as may be necessary to conserve such nongame wildlife.
(3) Except as provided in regulations issued by the commission, it shall be unlawful for any person to take, possess, transport, export, process, sell or offer for sale, or ship nongame wildlife in need of conservation pursuant to this section. Subject to the same exception, it shall further be unlawful for any person, other than a common or contract motor carrier under the jurisdiction of the Public Service Commission or the Interstate Commerce Commission knowingly to transport, ship, or receive for shipment nongame wildlife in need of conservation pursuant to this section.
Source
Laws 1975, LB 145, § 4;
R.S.1943, (1993), § 37-433;
Laws 1998, LB 922, § 355.
2023 Nebraska Revised Statutes › Chapter 37 - Game and Parks › 37-808 - Commission; issue regulations.

37-808.
Commission; issue regulations.
The commission shall issue such regulations as are necessary to carry out the purposes of the Nongame and Endangered Species Conservation Act in accordance with the Administrative Procedure Act.
Source
Laws 1975, LB 145, § 7;
R.S.1943, (1993), § 37-436;
Laws 1998, LB 922, § 358.
Cross References
Administrative Procedure Act, see section 84-920.
2023 Nebraska Revised Statutes › Chapter 37 - Game and Parks › 37-809 - Violations; penalties; conservation or peace officer; powers and duties; regulations.

37-809.
Violations; penalties; conservation or peace officer; powers and duties; regulations.
(1) Any person who violates the provisions of subsection (3) of section 37-805 or any regulations issued in implementation thereof or whoever fails to procure or violates the terms of any permit issued pursuant to section 37-805 shall be guilty of a Class II misdemeanor.
(2) Any person who violates the provisions of subsection (8) of section 37-806 or any regulations issued pursuant to subsection (7) of section 37-806 or whoever fails to procure any permit required by subsection (11) of section 37-806 or violates the terms of any such permit shall be guilty of a Class I misdemeanor.
(3) Any conservation officer or any peace officer of this state or any municipality or county within this state shall have authority to conduct searches as provided by law, and to execute a warrant to search for and seize any equipment other than equipment owned or operated by any common or contract motor carrier under the jurisdiction of the Public Service Commission or the Interstate Commerce Commission, business records, wildlife, wild plants, or other contraband taken, used, or possessed in connection with any violation of the Nongame and Endangered Species Conservation Act. Any such officer or agent may, without a warrant, arrest any person whom he or she has probable cause to believe is violating, in his or her presence or view, the act or any regulation or permit provided for in the act. Any officer or agent who has made an arrest of a person in connection with any such violation may search such person or business records at the time of arrest and may seize any wildlife, wild plants, records, or property taken or used in connection with any such violation.
(4) Equipment other than equipment owned or operated by any common or contract motor carrier under the jurisdiction of the Public Service Commission or the Interstate Commerce Commission, wildlife, wild plants, records, or other contraband seized under the provisions of subsection (3) of this section shall be held by an officer or agent of the commission pending disposition of court proceedings, and thereafter be forfeited to this state for destruction or disposition as the commission may deem appropriate. Prior to forfeiture, the commission may direct the transfer of wildlife or wild plants so seized to a qualified zoological, botanical, educational, or scientific institution for safekeeping, with the costs thereof to be assessable to the defendant. The commission shall issue regulations to implement this subsection.
Source
Laws 1975, LB 145, § 8;
Laws 1977, LB 40, § 188;
R.S.1943, (1993), § 37-437;
Laws 1998, LB 922, § 359.
2023 Nebraska Revised Statutes › Chapter 37 - Game and Parks › 37-810 - Act; how construed.

37-810.
Act; how construed.
The Nongame and Endangered Species Conservation Act shall not be construed to apply retroactively to or prohibit importation into this state of wildlife or wild plants which may be lawfully imported into the United States or lawfully taken and removed from another state, or prohibit entry into this state or the possession, transportation, exportation, processing, sale or offer for sale, or shipment of any wildlife or wild plants which have been determined to be an endangered or threatened species in this state but not in the state where originally taken if the person engaging in such activity demonstrates by substantial evidence that such wildlife or wild plants were lawfully taken and lawfully removed from such state. This section shall not be construed to permit the possession, transportation by a person other than a common or contract motor carrier under the jurisdiction of the Public Service Commission or the Interstate Commerce Commission, exportation, processing, sale or offer for sale, or shipment within this state of species of wildlife or wild plants determined, pursuant to the Endangered Species Act, to be an endangered or threatened species, except as permitted by subsection (11) of section 37-806.
Source
Laws 1975, LB 145, § 9;
R.S.1943, (1993), § 37-438;
Laws 1998, LB 922, § 360.
2023 Nebraska Revised Statutes › Chapter 37 - Game and Parks › 37-811 - Wildlife Conservation Fund; created; use; investment.

37-811.
Wildlife Conservation Fund; created; use; investment.
There is hereby created the Wildlife Conservation Fund. The fund shall be used to assist in carrying out the Nongame and Endangered Species Conservation Act, to pay for research into and management of the ecological effects of the release, importation, commercial exploitation, and exportation of wildlife species pursuant to section 37-548, and to pay any expenses incurred by the Department of Revenue or any other agency in the administration of the income tax designation program required by section 77-27,119.01. 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.
Source
Laws 1984, LB 466, § 7;
Laws 1989, LB 258, § 2;
Laws 1994, LB 1066, § 23;
R.S.Supp.,1996, § 37-439;
Laws 1998, LB 922, § 361;
Laws 1999, LB 176, § 98;
Laws 2007, LB299, § 18;
Laws 2019, LB356, § 1.
Cross References
Nebraska Capital Expansion Act, see section 72-1269.
Nebraska State Funds Investment Act, see section 72-1260.
2023 Nebraska Revised Statutes › Chapter 37 - Game and Parks › 37-901 - Wildlife-restoration projects; cooperation with federal government; hunters' fees; expenditure.

37-901.
Wildlife-restoration projects; cooperation with federal government; hunters' fees; expenditure.
The State of Nebraska hereby assents to the provisions of an Act of Congress entitled An Act to provide that the United States shall aid the states in wildlife-restoration projects, and for other purposes, approved September 2, 1937, (Public Law No. 415, 75th Congress), and the Game and Parks Commission is hereby authorized, empowered, and directed to perform such acts as may be necessary to the conduct and establishment of cooperative wildlife-restoration projects, as defined in the Act of Congress, in compliance with the act and with rules and regulations promulgated by the Secretary of the Interior thereunder. No funds accruing to the State of Nebraska from permit or license fees paid by hunters shall be diverted for any other purpose than the administration of the Game and Parks Commission.
Source
Laws 1939, c. 41, § 1, p. 199;
C.S.Supp.,1941, § 37-427;
R.S.1943, § 37-422;
Laws 1957, c. 139, § 12, p. 470;
R.S.1943, (1993), § 37-422;
Laws 1998, LB 922, § 362.
2023 Nebraska Revised Statutes › Chapter 37 - Game and Parks › 37-902 - Migratory bird reservations; federal establishment; state's consent.

37-902.
Migratory bird reservations; federal establishment; state's consent.
Consent of the State of Nebraska is given to the acquisition by the United States by purchase, gift, devise, or lease of such areas of land or water, or of land and water, in the State of Nebraska, as the United States may deem necessary for the establishment of migratory bird reservations in accordance with the Act of Congress approved February 18, 1929, entitled An Act to more effectively meet the obligations of the United States under the Migratory Bird Treaty with Great Britain by lessening the dangers threatening migratory game birds from drainage and other causes by the acquisition of areas of land and of water to furnish in perpetuity reservations for the adequate protection of such birds; and authorizing appropriations for the establishment of such areas, their maintenance and improvement and for other purposes, reserving, however, to the State of Nebraska full and complete jurisdiction and authority over all such areas not incompatible with the administration, maintenance, protection, and control thereof by the United States under the terms of the Act of Congress.
Source
Laws 1929, c. 118, § 1, p. 455;
C.S.1929, § 37-422;
R.S.1943, § 37-423;
R.S.1943, (1993), § 37-423;
Laws 1998, LB 922, § 363.