reglab/statecodes huggingface dataset:
2023 Nebraska Revised Statutes › Chapter 37 - Game and Parks › 37-513 - Shooting at wildlife from highway or roadway; violation; penalty; trapping in county road right-of-way; county; powers; limitation on traps.

37-513.
Shooting at wildlife from highway or roadway; violation; penalty; trapping in county road right-of-way; county; powers; limitation on traps.
(1) It shall be unlawful to shoot at any wildlife from any highway or roadway, which includes that area of land from the center of the traveled surface to the right-of-way on either side. Any person violating this subsection shall be guilty of a Class III misdemeanor and shall be fined at least five hundred dollars.
(2)(a) Any county may adopt a resolution having the force and effect of law to prohibit the trapping of wildlife in the county road right-of-way or in a certain area of the right-of-way as designated by the county.
(b) A person trapping wildlife in a county road right-of-way is not allowed to use traps in the county road right-of-way that are larger than those allowed by the commission as of February 1, 2009, on any land owned or controlled by the commission.
(c) For purposes of this subsection, county road right-of-way means the area which has been designated a part of the county road system and which has not been vacated pursuant to law.
Source
Laws 1929, c. 112, V, § 1, p. 426;
C.S.1929, § 37-501;
Laws 1937, c. 89, § 11, p. 296;
Laws 1941, c. 72, § 6, p. 303;
C.S.Supp.,1941, § 37-501;
Laws 1943, c. 94, § 11, p. 329;
R.S.1943, § 37-501;
Laws 1947, c. 137, § 1, p. 382;
Laws 1959, c. 150, § 6, p. 572;
Laws 1961, c. 169, § 5, p. 503;
Laws 1963, c. 204, § 1, p. 656;
Laws 1965, c. 203, § 1, p. 606;
Laws 1967, c. 220, § 1, p. 594;
Laws 1969, c. 294, § 1, p. 1066;
Laws 1972, LB 1447, § 1;
Laws 1974, LB 765, § 1;
Laws 1974, LB 779, § 1;
Laws 1975, LB 142, § 4;
Laws 1975, LB 220, § 1;
Laws 1989, LB 34, § 26;
Laws 1989, LB 171, § 1;
R.S.1943, (1993), § 37-501;
Laws 1998, LB 922, § 233;
Laws 2007, LB299, § 13;
Laws 2008, LB865, § 1;
Laws 2009, LB5, § 1;
Laws 2009, LB105, § 30;
Laws 2017, LB566, § 3.
2023 Nebraska Revised Statutes › Chapter 37 - Game and Parks › 37-514 - Hunting wildlife with artificial light; unlawful acts; exception; violation; penalty.

37-514.
Hunting wildlife with artificial light; unlawful acts; exception; violation; penalty.
(1) Except as provided in section 37-4,107, it shall be unlawful to hunt any wildlife by projecting or casting the rays of a spotlight, headlight, or other artificial light attached to or used from a vehicle or boat in any field, pasture, woodland, forest, prairie, water area, or other area which may be inhabited by wildlife while having in possession or control, either singly or as one of a group of persons, any firearm or bow and arrow.
(2) Nothing in this section shall prohibit (a) the hunting on foot of raccoon with the aid of a handlight, (b) the hunting of species of wildlife not protected by the Game Law in the protection of property by landowners or operators or their regular employees on land under their control on foot or from a motor vehicle with the aid of artificial light, or (c) the taking of nongame fish by means of bow and arrow from a vessel with the aid of artificial light.
(3) Any person violating this section shall be guilty of a Class III misdemeanor and shall be fined at least two hundred fifty dollars upon conviction.
Source
Laws 1998, LB 922, § 234;
Laws 1999, LB 176, § 70;
Laws 2009, LB105, § 31.
2023 Nebraska Revised Statutes › Chapter 37 - Game and Parks › 37-515 - Aircraft or boats; prohibited acts; violation; penalty.

37-515.
Aircraft or boats; prohibited acts; violation; penalty.
It shall be unlawful to hunt, drive, or stir up game birds or game animals with or from any aircraft or boat propelled by sail or power. Any person violating this section shall be guilty of a Class III misdemeanor and shall be fined at least fifty dollars.
Source
Laws 1998, LB 922, § 235.
2023 Nebraska Revised Statutes › Chapter 37 - Game and Parks › 37-516 - Harassment of game animals and game birds; use of aircraft, vessel, or vehicle; prohibited.

37-516.
Harassment of game animals and game birds; use of aircraft, vessel, or vehicle; prohibited.
It shall be unlawful for any person to use any aircraft, vessel, vehicle, snowmobile, or conveyance of any type to molest, chase, drive, or harass any game animal or game bird or to cause any such animal or bird to depart from its habitat areas, fields, waters, woodlands, or grasslands.
Source
Laws 1978, LB 828, § 1;
R.S.1943, (1993), § 37-528;
Laws 1998, LB 922, § 236.
2023 Nebraska Revised Statutes › Chapter 37 - Game and Parks › 37-517 - Game animals and game birds; use of aircraft, vessel, or vehicle to spot; radio; prohibited.

37-517.
Game animals and game birds; use of aircraft, vessel, or vehicle to spot; radio; prohibited.
It shall be unlawful for any person one day before or during the open season to spot, locate, or place under surveillance any game animal or game bird with the aid of any aircraft, vessel, vehicle, snowmobile, or conveyance of any type and convey information about such animal's or bird's location to any person or group of persons by radio or other electronic device.
Source
Laws 1978, LB 828, § 2;
R.S.1943, (1993), § 37-529;
Laws 1998, LB 922, § 237.
2023 Nebraska Revised Statutes › Chapter 37 - Game and Parks › 37-518 - Violator; aid or assist; prohibited.

37-518.
Violator; aid or assist; prohibited.
It shall be unlawful for any person to aid or assist a person who is in violation of section 37-516 or 37-517.
Source
Laws 1978, LB 828, § 3;
Laws 1995, LB 274, § 5;
R.S.Supp.,1996, § 37-530;
Laws 1998, LB 922, § 238.
2023 Nebraska Revised Statutes › Chapter 37 - Game and Parks › 37-519 - Use of aircraft, vessel, vehicle, weapon, or other equipment; prohibited.

37-519.
Use of aircraft, vessel, vehicle, weapon, or other equipment; prohibited.
It shall be unlawful for any person to use any aircraft, vessel, vehicle, snowmobile, or other conveyance, firearm, bow and arrow, projectile, device, radio, an electronic device, or other equipment in the commission of any of the acts prohibited under sections 37-516 to 37-518.
Source
Laws 1978, LB 828, § 4;
R.S.1943, (1993), § 37-531;
Laws 1998, LB 922, § 239.
2023 Nebraska Revised Statutes › Chapter 37 - Game and Parks › 37-520 - Authorized personnel; administer and manage wildlife resources.

37-520.
Authorized personnel; administer and manage wildlife resources.
Nothing in sections 37-516 to 37-519 shall prohibit authorized personnel of the commission or the United States Department of the Interior in the administration and management of wildlife resources.
Source
Laws 1978, LB 828, § 5;
Laws 1995, LB 274, § 6;
R.S.Supp.,1996, § 37-532;
Laws 1998, LB 922, § 240.
2023 Nebraska Revised Statutes › Chapter 37 - Game and Parks › 37-521 - Violations; penalty; liability to property owner.

37-521.
Violations; penalty; liability to property owner.
Any person violating sections 37-516 to 37-519 shall be guilty of a Class III misdemeanor. In addition, any person who damages crops, fields, livestock, fences, gates, timber, water, or any other property by the use of any aircraft, vessel, vehicle, snowmobile, or other conveyance shall be liable to the property owner.
Source
Laws 1978, LB 828, § 6;
Laws 1995, LB 274, § 7;
R.S.Supp.,1996, § 37-533;
Laws 1998, LB 922, § 241.
2023 Nebraska Revised Statutes › Chapter 37 - Game and Parks › 37-522 - Shotgun on highway; restrictions; violation; penalty.

37-522.
Shotgun on highway; restrictions; violation; penalty.
It shall be unlawful to have or carry, except as permitted by law, any shotgun having shells in either the chamber, receiver, or magazine in or on any vehicle on any highway. Any person violating this section shall be guilty of a Class III misdemeanor and shall be fined at least fifty dollars.
Source
Laws 1998, LB 922, § 242.
Annotations
A conviction for violating an Oklahoma statute prohibiting the transportation of a loaded pistol, rifle, or shotgun in a landborne motor vehicle over a public highway was sufficiently similar to this section to justify the denial of a concealed handgun permit application under section 69-2433(8). Shurigar v. Nebraska State Patrol, 293 Neb. 606, 879 N.W.2d 25 (2016).
2023 Nebraska Revised Statutes › Chapter 37 - Game and Parks › 37-523 - Wild mammal or wild bird; hunt or trap; unlawful in certain areas; violation; penalty.

37-523.
Wild mammal or wild bird; hunt or trap; unlawful in certain areas; violation; penalty.
(1) It shall be unlawful to hunt with a rifle within a two-hundred-yard radius of an inhabited dwelling or livestock feedlot, to hunt without a rifle or trap any form of wild mammal or wild bird within a one-hundred-yard radius of an inhabited dwelling or livestock feedlot, or to trap within a two-hundred-yard radius of any passage used by livestock to pass under any highway, road, or bridge.
(2) This section shall not prohibit any owner, tenant, or operator or his or her guests from hunting or trapping any form of wild mammal or wild bird within such radius if the area is under his or her ownership or control. This section shall not prohibit duly authorized personnel of any county, city, or village health or animal control department from trapping with a humane live box trap or pursuing any form of wild mammal or wild bird, when conducting such activities within the scope of the authorization, within such radius if the area is under the jurisdiction of the county, city, or village.
(3) Any person violating this section shall be guilty of a Class III misdemeanor and shall be fined at least one hundred dollars upon conviction.
Source
Laws 1967, c. 214, § 1, p. 575;
Laws 1974, LB 779, § 2;
Laws 1983, LB 24, § 1;
R.S.1943, (1993), § 37-526;
Laws 1998, LB 922, § 243;
Laws 2009, LB105, § 32;
Laws 2010, LB836, § 3.
2023 Nebraska Revised Statutes › Chapter 37 - Game and Parks › 37-524 - Aquatic invasive species; wild or nonnative animals; importation, possession, or release; prohibition; violation; penalty.

37-524.
Aquatic invasive species; wild or nonnative animals; importation, possession, or release; prohibition; violation; penalty.
(1) It shall be unlawful for any person, partnership, limited liability company, association, or corporation to import into the state or possess aquatic invasive species, the animal known as the San Juan rabbit, or any other species of wild vertebrate animal, including domesticated cervine animals as defined in section 54-2914, declared by the commission following public hearing and consultation with the Department of Agriculture to constitute a serious threat to economic or ecologic conditions, except that the commission may authorize by specific written permit the acquisition and possession of such species for educational or scientific purposes. It shall also be unlawful to release to the wild any nonnative bird or nonnative mammal without written authorization from the commission. Any person, partnership, limited liability company, association, or corporation violating the provisions of this subsection shall be guilty of a Class IV misdemeanor.
(2) Following public hearing and consultation with the Department of Agriculture, the commission may, by rule and regulation, regulate or limit the importation and possession of any aquatic invasive species or wild vertebrate animal, including a domesticated cervine animal as defined in section 54-2914, which is found to constitute a serious threat to economic or ecologic conditions.
Source
Laws 1957, c. 139, § 20, p. 474;
Laws 1967, c. 222, § 1, p. 597;
Laws 1973, LB 331, § 7;
Laws 1977, LB 40, § 205;
Laws 1993, LB 121, § 203;
Laws 1993, LB 830, § 9;
Laws 1995, LB 718, § 5;
R.S.Supp.,1996, § 37-719;
Laws 1998, LB 922, § 244;
Laws 2012, LB391, § 8;
Laws 2020, LB344, § 62.
Cross References
Domesticated Cervine Animal Act, possession of certain animals prohibited, see section 54-2324.
2023 Nebraska Revised Statutes › Chapter 37 - Game and Parks › 37-524.01 - Wild pigs; animals of the Families Tayassuidae and Suidae; prohibited acts; destruction; when; penalty.

37-524.01.
Wild pigs; animals of the Families Tayassuidae and Suidae; prohibited acts; destruction; when; penalty.
(1) It shall be illegal to knowingly engage in, sponsor, instigate, assist, or profit from the release, killing, wounding, or attempted killing or wounding of animals of the Families Tayassuidae and Suidae for the purpose of sport, pleasure, amusement, or production of a trophy. The commission shall destroy any feral swine and may authorize any agents, including landowners, to destroy and dispose of any feral swine.
(2) For purposes of this section, feral swine means swine whose reversion from the domesticated state to a wild state is apparent or an otherwise freely roaming swine having no visible tags, marking, or characteristics indicating that it is from a domestic herd, and reasonable inquiry within the area does not identify an owner.
(3) Any person violating subsection (1) of this section is guilty of a Class II misdemeanor.
Source
Laws 2003, LB 305, § 19;
Laws 2005, LB 20, § 1.
2023 Nebraska Revised Statutes › Chapter 37 - Game and Parks › 37-524.02 - Aquatic invasive species; prohibited acts; penalty; impoundment of conveyance.

37-524.02.
Aquatic invasive species; prohibited acts; penalty; impoundment of conveyance.
(1) No person shall possess, import, export, purchase, sell, or transport aquatic invasive species except when authorized commission personnel or the owner of a conveyance, or a person authorized by such owner, is removing an aquatic invasive species from a conveyance to be killed or immediately disposed of in a manner determined by the commission. The commission shall adopt and promulgate rules and regulations governing the inspection, decontamination, and treatment of conveyances capable of containing or transporting aquatic invasive species.
(2) Any person who (a) fails or refuses to submit to an inspection of a conveyance requested by an authorized inspector or (b) refuses to permit or prevents proper decontamination or treatment of a conveyance as prescribed by the authorized inspector is guilty of a Class III misdemeanor and upon conviction shall be fined not less than five hundred dollars. Such person's conveyance shall also be subject to impoundment.
Source
Laws 2012, LB391, § 6.
2023 Nebraska Revised Statutes › Chapter 37 - Game and Parks › 37-525 - Training or running of bird dogs or hunting dogs; regulation; violation; penalty.

37-525.
Training or running of bird dogs or hunting dogs; regulation; violation; penalty.
(1) Except as provided in section 37-483 and rules and regulations established by the commission, it shall be unlawful for any person to take game birds or game animals during any closed season while training or running a dog.
(2) The commission shall adopt and promulgate rules and regulations which regulate taking game birds or game animals for the purpose of training bird or hunting dogs on public and private land, the licensing of dog training areas, and the administration of novice hunter education activities in which game birds or game animals may be taken. Such rules and regulations may limit dog training to noncommercial activities and shall include, but not be limited to, the following: Administration of a novice hunter education program and the issuance of a permit to conduct such a program, limitations on dog training activities, requirements for dog training areas, possession requirements, open areas, seasons, methods, time periods in which taking is authorized, species to be taken, and requirements for dog trials as specified in section 37-412.
(3) No dog shall be run upon private property under this section at any time without the express permission of the landowner or tenant.
(4) Any person violating this section shall be guilty of a Class III misdemeanor and shall be fined at least fifty dollars.
Source
Laws 1929, c. 112, V, § 13, p. 430;
C.S.1929, § 37-513;
Laws 1937, c. 89, § 14, p. 298;
C.S.Supp.,1941, § 37-513;
R.S.1943, § 37-513;
Laws 1945, c. 78, § 7, p. 292;
Laws 1955, c. 135, § 1, p. 386;
Laws 1969, c. 295, § 1, p. 1068;
Laws 1972, LB 1447, § 3;
R.S.1943, (1993), § 37-513;
Laws 1998, LB 922, § 245;
Laws 1999, LB 176, § 71;
Laws 2002, LB 1003, § 27.
2023 Nebraska Revised Statutes › Chapter 37 - Game and Parks › 37-526 - Ferrets; use or possession prohibited, when; violation; penalty.

37-526.
Ferrets; use or possession prohibited, when; violation; penalty.
It shall be unlawful (1) to hunt rabbits, squirrels, or any fur-bearing animal with or by the aid of a ferret, (2) to place a ferret in any hole or opening in the ground or in any stone, wall, log, or hollow tree where rabbits, squirrels, or any fur-bearing animals may be found or thought to be, or (3) to have a ferret in one's possession or control in a field or forest or in any vehicle going to or from hunting territory. Any person violating this section shall be guilty of a Class III misdemeanor and shall be fined at least fifty dollars.
Source
Laws 1929, c. 112, V, § 12, p. 430;
C.S.1929, § 37-512;
R.S.1943, § 37-512;
R.S.1943, (1993), § 37-512;
Laws 1998, LB 922, § 246.
2023 Nebraska Revised Statutes › Chapter 37 - Game and Parks › 37-527 - Hunter orange display required; exception; violation; penalty.

37-527.
Hunter orange display required; exception; violation; penalty.
(1) For purposes of this section, hunter orange means a daylight fluorescent orange color with a dominant wave length between five hundred ninety-five and six hundred five nanometers, an excitation purity of not less than eighty-five percent, and a luminance factor of not less than forty percent.
(2) Any person hunting deer, antelope, wild turkey, elk, or mountain sheep during an authorized firearm season in this state shall display on his or her head, chest, and back a total of not less than four hundred square inches of hunter orange material except as exempted by rules and regulations of the commission.
(3) Any person who violates this section shall be guilty of a Class V misdemeanor.
(4) This section shall not apply to archery hunters hunting during a non-center-fire firearm season or in a management unit where a current center-fire firearm season is not open. The commission may adopt and promulgate rules and regulations allowing additional exceptions and establishing requirements for the display of hunter orange during other authorized hunting seasons.
Source
Laws 1972, LB 1216, § 1;
R.S.1943, (1993), § 37-215.05;
Laws 1998, LB 922, § 247;
Laws 1999, LB 176, § 72;
Laws 2007, LB299, § 14;
Laws 2020, LB287, § 15.
2023 Nebraska Revised Statutes › Chapter 37 - Game and Parks › 37-528 - Administration of drugs to wildlife; prohibited acts; violation; penalty; section, how construed; powers of conservation officer.

37-528.
Administration of drugs to wildlife; prohibited acts; violation; penalty; section, how construed; powers of conservation officer.
(1) For purposes of this section, drug means any chemical substance, other than food, that affects the structure or biological function of any wildlife under the jurisdiction of the commission.
(2) Except with written authorization from the secretary of the commission or his or her designee or as otherwise provided by law, a person shall not administer a drug to any wildlife under the jurisdiction of the commission, including, but not limited to, a drug used for fertility control, disease prevention or treatment, immobilization, or growth stimulation.
(3) This section does not prohibit the treatment of wildlife to prevent disease or the treatment of sick or injured wildlife by a licensed veterinarian, a holder of a federal migrating bird rehabilitation permit, a holder of a permit regulated under the authority of section 37-316, a holder of a permit regulated under the authority of section 37-4,106, or a holder of a license regulated under the authority of section 37-4,108.
(4) This section shall not be construed to limit employees of agencies of the state or the United States or employees of an animal control facility, animal rescue, or animal shelter licensed under section 54-627 in the performance of their official duties related to public health or safety, wildlife management, or wildlife removal, except that a drug shall not be administered by any person for fertility control or growth stimulation except as provided in subsection (2) of this section.
(5) A conservation officer may take possession or dispose of any wildlife under the jurisdiction of the commission that the officer reasonably believes has been administered a drug in violation of this section.
(6) A person who violates this section is guilty of a Class IV misdemeanor.
Source
Laws 2009, LB105, § 33;
Laws 2010, LB910, § 2.
2023 Nebraska Revised Statutes › Chapter 37 - Game and Parks › 37-529 - Permit to kill deer, antelope, or elk; tagging and storage.

37-529.
Permit to kill deer, antelope, or elk; tagging and storage.
The commission shall provide by regulations for the tagging and storage of the carcasses of deer, antelope, or elk after the close of any such limited season in accordance with section 37-508.
Source
Laws 1945, c. 85, § 2, p. 305;
Laws 1953, c. 124, § 3, p. 390;
Laws 1985, LB 557, § 8;
R.S.1943, (1993), § 37-216;
Laws 1998, LB 922, § 249.
2023 Nebraska Revised Statutes › Chapter 37 - Game and Parks › 37-530 - Wildlife species accidentally killed; disposal authorized.

37-530.
Wildlife species accidentally killed; disposal authorized.
Any wildlife species as designated by the commission accidentally killed by a motor vehicle on a public highway in this state, unless seized and confiscated pursuant to sections 37-619 to 37-621, shall, when salvageable, be disposed of as determined by the commission or its designee.
Source
Laws 1983, LB 34, § 1;
R.S.1943, (1993), § 37-310;
Laws 1998, LB 922, § 250;
Laws 2004, LB 1149, § 2.
2023 Nebraska Revised Statutes › Chapter 37 - Game and Parks › 37-531 - Wild animals; explosive traps; poison gas; unlawful use; penalty.

37-531.
Wild animals; explosive traps; poison gas; unlawful use; penalty.
Except as provided in section 37-561, it shall be unlawful to set or place any explosive trap or device, operated by the use of poison gas or by the explosion of gunpowder or other explosives, for the purpose of taking, stunning, or destroying wild animals. Any person who sets or places any such trap or device, except as is permitted in such section, shall be guilty of a Class III misdemeanor.
Source
Laws 1945, c. 83, § 1, p. 302;
Laws 1977, LB 40, § 196;
R.S.1943, (1993), § 37-523;
Laws 1998, LB 922, § 251.
2023 Nebraska Revised Statutes › Chapter 37 - Game and Parks › 37-532 - Traps; requirements; violation; penalty.

37-532.
Traps; requirements; violation; penalty.
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.
Source
Laws 1995, LB 274, § 8;
R.S.Supp.,1996, § 37-511.01;
Laws 1998, LB 922, § 252.
2023 Nebraska Revised Statutes › Chapter 37 - Game and Parks › 37-533 - Offenses relating to fur-bearing animals; violation; penalty.

37-533.
Offenses relating to fur-bearing animals; violation; penalty.
It shall be unlawful (1) to mutilate or destroy the house or den of any fur-bearing animal except where such house or den obstructs a public or private ditch or watercourse, (2) to cut down or into any tree containing the den or nest of any fur-bearing animal for the purpose of harvesting such animal, (3) to use spears or any like device in hunting any fur-bearing animal, or (4) to use explosives, chemicals, or smokers of any kind to drive any fur-bearing animal out of a hole, den, or house. Any person violating this section shall be guilty of a Class III misdemeanor and shall be fined at least fifty dollars.
Source
Laws 1929, c. 112, V, § 11, p. 429;
C.S.1929, § 37-511;
Laws 1937, c. 89, § 13, p. 298;
C.S.Supp.,1941, § 37-511;
R.S.1943, § 37-511;
Laws 1994, LB 1165, § 12;
R.S.Supp.,1996, § 37-511;
Laws 1998, LB 922, § 253.
2023 Nebraska Revised Statutes › Chapter 37 - Game and Parks › 37-534 - Wild turkeys; tagging and storage of carcasses; regulations.

37-534.
Wild turkeys; tagging and storage of carcasses; regulations.
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.
Source
Laws 1961, c. 172, § 2, p. 513;
R.S.1943, (1993), § 37-228;
Laws 1998, LB 922, § 254.
2023 Nebraska Revised Statutes › Chapter 37 - Game and Parks › 37-535 - Hunting game from aircraft or watercraft; prohibited acts; penalty.

37-535.
Hunting game from aircraft or watercraft; prohibited acts; penalty.
It shall be unlawful to hunt any game from any boat or watercraft while being propelled by sails or electric, gas, or steam power or from any aircraft or hydroplane. Any person violating this section shall be guilty of a Class III misdemeanor and shall be fined at least fifty dollars.
Source
Laws 1998, LB 922, § 255.
2023 Nebraska Revised Statutes › Chapter 37 - Game and Parks › 37-536 - Game birds; prohibited acts; violation; penalty.

37-536.
Game birds; prohibited acts; violation; penalty.
It shall be unlawful to use any club, rifle, pistol, revolver, swivel gun, or shotgun larger than ten gauge in hunting any game birds or to trap, snare, net, or attempt to trap, snare, or net any game birds except as otherwise provided in section 37-483. Any person violating this section shall be guilty of a Class III misdemeanor and shall be fined at least fifty dollars.
Source
Laws 1998, LB 922, § 256;
Laws 1999, LB 176, § 73.
2023 Nebraska Revised Statutes › Chapter 37 - Game and Parks › 37-537 - Baiting prohibited; violation; penalty.

37-537.
Baiting prohibited; violation; penalty.
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.
Source
Laws 1998, LB 922, § 257.
2023 Nebraska Revised Statutes › Chapter 37 - Game and Parks › 37-538 - Hunting game birds from vehicle; violation; penalty.

37-538.
Hunting game birds from vehicle; violation; penalty.
Except as provided in section 37-420 and except for a disabled person holding a special permit to hunt and fish from a vehicle issued under section 37-421, it shall be unlawful to hunt any game birds from a vehicle of any kind. Any person violating this section shall be guilty of a Class III misdemeanor and shall be fined at least fifty dollars.
Source
Laws 1998, LB 922, § 258;
Laws 2005, LB 162, § 20.
2023 Nebraska Revised Statutes › Chapter 37 - Game and Parks › 37-539 - Game bird nests or eggs; prohibited acts; violation; penalty.

37-539.
Game bird nests or eggs; prohibited acts; violation; penalty.
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.
Source
Laws 1998, LB 922, § 259.
2023 Nebraska Revised Statutes › Chapter 37 - Game and Parks › 37-540 - Protected birds; nest or eggs; prohibited acts.

37-540.
Protected birds; nest or eggs; prohibited acts.
It shall be unlawful (1) for any person to hunt or have in his or her possession, living or dead, any protected bird or part of any such bird or (2) for any person to take or needlessly destroy the nests or eggs of any protected birds or to have in his or her possession the nests or eggs of such birds.
This section shall not be construed to apply to the possession of species lawfully acquired prior to the effective date of protection of a given species or to prohibit importation into the state of species which may be otherwise lawfully imported into the state or the United States or lawfully taken, acquired, or removed from another state if the person engaging therein demonstrates by substantial proof that such species was lawfully taken or removed from such state.
Source
Laws 1929, c. 112, III, § 8, p. 419;
C.S.1929, § 37-308;
Laws 1937, c. 89, § 9, p. 295;
C.S.Supp.,1941, § 37-308;
R.S.1943, § 37-307;
Laws 1953, c. 123, § 2, p. 387;
Laws 1957, c. 144, § 1, p. 480;
Laws 1971, LB 183, § 1;
Laws 1973, LB 331, § 5;
Laws 1975, LB 142, § 2;
Laws 1989, LB 34, § 17;
R.S.1943, (1993), § 37-307;
Laws 1998, LB 922, § 260;
Laws 1999, LB 176, § 74.
2023 Nebraska Revised Statutes › Chapter 37 - Game and Parks › 37-541 - Homing pigeon; protection; violation; penalty.

37-541.
Homing pigeon; protection; violation; penalty.
Any person, other than the owner thereof, who shall knowingly shoot, kill, maim, or injure any Antwerp or homing pigeon, commonly called Carrier Pigeon, or who shall entrap, catch, detain, or remove any mark, band, or other means of identification from such pigeon, shall be guilty of a Class V misdemeanor.
Source
Laws 1971, LB 811, § 1;
Laws 1977, LB 40, § 183;
R.S.1943, (1993), § 37-309;
Laws 1998, LB 922, § 261.
2023 Nebraska Revised Statutes › Chapter 37 - Game and Parks › 37-542 - Fish unlawfully taken; duty of angler.

37-542.
Fish unlawfully taken; duty of angler.
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.
Source
Laws 1929, c. 112, III, § 3, p. 415;
C.S.1929, § 37-303;
Laws 1937, c. 89, § 6, p. 294;
C.S.Supp.,1941, § 37-303;
R.S.1943, § 37-302;
R.S.1943, (1993), § 37-302;
Laws 1998, LB 922, § 262.
2023 Nebraska Revised Statutes › Chapter 37 - Game and Parks › 37-545 - Fish; privately owned pond; removal by owner; commercial fishing permits; violation; penalty.

37-545.
Fish; privately owned pond; removal by owner; commercial fishing permits; violation; penalty.
When authorized by the commission and when necessary for proper fish management, the owner of any privately owned pond may remove fish therefrom by methods other than hook and line and in any quantity. The commission shall adopt and promulgate rules and regulations which authorize the use of commercial fishing permits, equipment, and methods authorized in sections 37-4,104 and 37-543. Nongame fish and bullheads seined or taken pursuant to this section may be sold by the commercial fishing permitholder. Such sale of bullheads shall not be deemed a violation of section 37-505. The removal of fish in accordance with this section shall not be deemed a violation of section 37-507, 37-543, or 37-556, except that the owner of a privately owned pond which is privately stocked and which does not connect by inflow or outflow with other water outside such land shall be exempt from any regulation or control.
Any person violating this section shall be guilty of a Class III misdemeanor and shall be fined at least fifty dollars.
Source
Laws 1961, c. 174, § 6, p. 521;
Laws 1987, LB 629, § 1;
Laws 1989, LB 166, § 1;
R.S.1943, (1993), § 37-503.05;
Laws 1998, LB 922, § 265;
Laws 1999, LB 176, § 76.
2023 Nebraska Revised Statutes › Chapter 37 - Game and Parks › 37-546 - Offenses relating to baitfish; violation; penalty.

37-546.
Offenses relating to baitfish; violation; penalty.
(1) It shall be unlawful (a) to take baitfish except for use as bait or (b) for any person except an aquaculturist or bait dealer to buy, sell, barter, offer to buy, sell, or barter, or have in his or her possession baitfish for any purpose whatsoever except for use as bait. No baitfish shall be taken from reservoirs, lakes, or bayous except as provided in rules and regulations of the commission.
(2) The commission may adopt and promulgate rules and regulations and pass commission orders pursuant to section 37-314 pertaining to the taking, transportation, possession, buying, selling, and bartering of baitfish.
(3) Any person violating this section or the rules and regulations adopted and promulgated or commission orders passed under this section shall be guilty of a Class III misdemeanor and shall be fined at least fifty dollars.
Source
Laws 1929, c. 112, V, § 3, p. 426;
C.S.1929, § 37-503;
Laws 1943, c. 94, § 12, p. 330;
R.S.1943, § 37-503;
Laws 1957, c. 148, § 1, p. 486;
Laws 1961, c. 174, § 1, p. 516;
Laws 1967, c. 216, § 10, p. 586;
Laws 1973, LB 331, § 6;
Laws 1981, LB 73, § 2;
Laws 1993, LB 235, § 23;
Laws 1994, LB 1165, § 9;
Laws 1997, LB 752, § 89;
R.S.Supp.,1997, § 37-503;
Laws 1998, LB 922, § 266;
Laws 1999, LB 176, § 77;
Laws 2013, LB499, § 14.
2023 Nebraska Revised Statutes › Chapter 37 - Game and Parks › 37-547 - Aquatic invasive species; wildlife; legislative intent.

37-547.
Aquatic invasive species; wildlife; legislative intent.
It is the intent of the Legislature to prevent the release or importation into the State of Nebraska of any aquatic invasive species or any live wildlife which may cause economic or ecologic harm or be injurious to human beings, agriculture, horticulture, forestry, water, or wildlife or wildlife resources of the state. It is further the intent of the Legislature to prevent the commercial exploitation or exportation of any aquatic invasive species or any dead or live wildlife taken from the wild.
Source
Laws 1993, LB 830, § 10;
R.S.1943, (1993), § 37-535;
Laws 1998, LB 922, § 267;
Laws 1999, LB 176, § 78;
Laws 2012, LB391, § 9.
2023 Nebraska Revised Statutes › Chapter 37 - Game and Parks › 37-549 - Fish, mollusks, reptiles, crustaceans, and amphibians; permitted acts.

37-549.
Fish, mollusks, reptiles, crustaceans, and amphibians; permitted acts.
Subsection (1) of section 37-548 shall not apply to:
(1) The importation by a person engaged in the business of buying for the purpose of selling, canning, preserving, processing, or handling for shipments or sale for immediate or future consumption fish, oysters, clams, crabs, shrimp, prawns, lobsters, or other commercial edible aquatic products;
(2) The buying, selling, bartering, importing, exporting, or otherwise disposing of any wildlife produced at any municipal, state, or federal museum, zoo, park, refuge, or wildlife area; and
(3) The importation of fish, mollusks, reptiles, crustaceans, and amphibians intended for exhibition, aquarium, or other totally contained purposes.
This section shall not be construed to allow the importation or possession of a species otherwise protected or regulated by the Game Law.
Source
Laws 1993, LB 830, § 12;
R.S.1943, (1993), § 37-537;
Laws 1998, LB 922, § 269;
Laws 1999, LB 176, § 80.
2023 Nebraska Revised Statutes › Chapter 37 - Game and Parks › 37-550 - Wildlife; shipment in interstate commerce; when permitted.

37-550.
Wildlife; shipment in interstate commerce; when permitted.
Nothing in section 37-548 shall be construed to prevent the continuous shipment in interstate commerce of legally possessed live wildlife species or eggs of such species for breeding or stocking purposes when such shipment legally originates outside of this state and legally terminates outside of this state.
Source
Laws 1993, LB 830, § 13;
R.S.1943, (1993), § 37-538;
Laws 1998, LB 922, § 270;
Laws 1999, LB 176, § 81.
2023 Nebraska Revised Statutes › Chapter 37 - Game and Parks › 37-551 - Fish protection; irrigation waters; screens; duty of commission.

37-551.
Fish protection; irrigation waters; screens; duty of commission.
For the purpose of protecting the game fish in the streams or rivers and reservoirs of this state whose waters are used for purposes of irrigation, the commission may provide and cause to be placed and maintained, at the mouth of every irrigation ditch designated by it and which opens into such stream or river or reservoir containing trout, bass, crappie, and pickerel in this state, a workable woven wire fish screen having a mesh no larger than one inch.
Source
Laws 1929, c. 112, IV, § 7, p. 423;
C.S.1929, § 37-407;
R.S.1943, § 37-407;
R.S.1943, (1993), § 37-407;
Laws 1998, LB 922, § 271.
2023 Nebraska Revised Statutes › Chapter 37 - Game and Parks › 37-552 - Fish screens; notice; construction; cost; neglect; liability; liquidated damages; penalty.

37-552.
Fish screens; notice; construction; cost; neglect; liability; liquidated damages; penalty.
The commission, upon ascertaining what ditch or ditches are practicable to be screened, shall give notice in writing to the person, firm, or corporation owning, operating, or controlling such ditch or ditches. The notice shall set forth the size of the woven screen necessary to be set in place at the mouth of the ditch or ditches. The mesh of such screen shall be no larger than one inch and shall be so placed and maintained at the mouth of each irrigation ditch designated by the commission as to prevent the passage of fish therein except such as may pass through the meshes of the screen. The screens shall be provided by the commission at cost to the person, firm, or corporation owning, operating, or controlling the ditch or ditches to be screened. For each day's failure to keep such screen in repair and for each day's neglect after the twentieth day to comply with the written notice, the commission may recover the sum of five dollars per day as liquidated damages for the loss to the state on account of the fish thereby lost or destroyed, and the offending party shall further be guilty of a Class III misdemeanor.
Source
Laws 1929, c. 112, IV, § 8, p. 424;
C.S.1929, § 37-408;
R.S.1943, § 37-408;
Laws 1989, LB 34, § 22;
R.S.1943, (1993), § 37-408;
Laws 1998, LB 922, § 272.
2023 Nebraska Revised Statutes › Chapter 37 - Game and Parks › 37-553 - Fishway through dam; obligation of owner; commission; powers and duties; violation; penalty.

37-553.
Fishway through dam; obligation of owner; commission; powers and duties; violation; penalty.
(1) It shall be the duty of every person who owns or controls any dam or other obstruction across any watercourse within the jurisdiction of the state, where such impounded water is returned to the bed of the stream, to make such provision as may be necessary to ensure that sufficient water is returned at all times to the bed of the stream or river below such dam or obstruction as to preserve fish life in such stream. This section shall not apply under conditions of unusual circumstances resulting from natural causes which make the fulfillment impracticable. Every person owning or controlling such dam shall open and close gates or locks at a rate slow enough to protect the water below from a sudden flushing or sudden decrease in water flow which would be detrimental to the fish and their habitat.
(2) The commission shall have supervision over the enforcement of this section and shall investigate all complaints made under this section.
(3) Any person, firm, or corporation violating this section shall be guilty of a Class V misdemeanor.
Source
Laws 1929, c. 112, IV, § 6, p. 423;
C.S.1929, § 37-406;
Laws 1941, c. 72, § 11, p. 306;
C.S.Supp.,1941, § 37-406;
Laws 1943, c. 93, § 1(1), p. 320;
R.S.1943, § 37-406;
R.S.1943, (1993), § 37-406;
Laws 1998, LB 922, § 273.
2023 Nebraska Revised Statutes › Chapter 37 - Game and Parks › 37-554 - Explosives or poison; use in waters prohibited; penalties; exceptions; permit.

37-554.
Explosives or poison; use in waters prohibited; penalties; exceptions; permit.
(1) Any person who (a) explodes, causes to be exploded, or aids or abets in the explosion of any dynamite, giant powder, bomb, or other explosive in any lake, river, stream, pond, bay, bayou, or other waters in this state with the intent thereby to stun, take, or possess any fish therein, (b) places or aids or abets in placing any bomb or explosive in any waters of this state for the purpose of exploding the same with such intent, or (c) places or aids or abets in placing lime or other poisonous or noxious substance in any of the waters of this state with such intent, shall be guilty of a Class IV felony. This subsection shall not prohibit the commission from using or authorizing the use by written agreement of chemicals and other substances for fish management purposes.
(2) It shall be unlawful to explode or cause to be exploded for any purpose any giant powder, dynamite, or other explosives in any lake, river, stream, pond, bay, bayou, or other waters of this state without first obtaining from the commission an order permitting it to be done, except that this shall not apply when, to safeguard public or private property from damage by ice gorges, immediate use of explosives is necessitated. Whenever, in the course of removing any obstruction in any waters within this state or in constructing any foundation for dams, bridges, or other structures, any person desires to explode any giant powder, dynamite, or other explosive in any such waters, he or she shall, before doing so, file a verified application with the commission setting forth his or her plans and objects, the time or times when he or she desires to use the explosive, and the necessity for using it. If it reasonably appears that the use of explosives in such waters is necessary to the advancement of a useful work or project, the commission shall grant leave for the use thereof, designating the place or places and period within which the explosives may be used and prescribing such precautions as will save the fish from injury. If any such person disregards such order, he or she shall be deemed to have violated this subsection. Any person, association, or corporation guilty of violating this subsection shall be guilty of a Class II misdemeanor, and every day that any such unlawful act continues or is permitted to continue shall constitute a separate offense and be punishable as such.
Source
Laws 1929, c. 112, V, § 15, p. 431;
C.S.1929, § 37-515;
R.S.1943, § 37-515;
Laws 1955, c. 136, § 1, p. 387;
Laws 1967, c. 216, § 14, p. 588;
Laws 1993, LB 31, § 15;
R.S.1943, (1993), § 37-515;
Laws 1998, LB 922, § 274.
2023 Nebraska Revised Statutes › Chapter 37 - Game and Parks › 37-555 - Waters of state; pollution prohibited; violation; penalty.

37-555.
Waters of state; pollution prohibited; violation; penalty.
It shall be unlawful for any person, association, or corporation to dump or drain any refuse from any factory, slaughterhouse, gas plant, garage, repair shop, or other place whatsoever or any refuse, junk, dross, litter, trash, lumber, or leavings into or near any of the waters of this state or into any bayou, drain, ditch, or sewer which discharges such refuse or any part thereof into any of the waters of this state. It shall be unlawful to place, leave, or permit to escape any such refuse in such manner that it or any part of it is through the action of the elements or otherwise carried into any of the waters of this state. For purposes of this section, refuse means and includes oils, tars, creosote, blood, offal, decayed matter, and all other substances which are injurious to aquatic life.
Any person, association, or corporation violating this section shall, upon conviction thereof, be guilty of a Class II misdemeanor, and every day that any such unlawful act continues or is permitted to continue shall constitute a separate offense and be punishable as such.
Source
Laws 1929, c. 112, V, § 16, p. 432;
C.S.1929, § 37-516;
Laws 1931, c. 73, § 1, p. 196;
C.S.Supp.,1941, § 37-516;
R.S.1943, § 37-516;
Laws 1965, c. 205, § 1, p. 610;
Laws 1977, LB 40, § 191;
Laws 1989, LB 34, § 34;
R.S.1943, (1993), § 37-516;
Laws 1998, LB 922, § 275.
Annotations
Feeding of livestock along a small stream outside of an incorporated city will not be enjoined in absence of evidence showing that a nuisance is thereby created. Vana v. Grain Belt Supply Co., 143 Neb. 118, 8 N.W.2d 837 (1943).
2023 Nebraska Revised Statutes › Chapter 37 - Game and Parks › 37-556 - Waters of state; pollution; carcasses; prohibitions; penalty.

37-556.
Waters of state; pollution; carcasses; prohibitions; penalty.
It shall be unlawful for any person to place the carcass of any dead animal, fish, or bird in or near any of the waters of this state or leave such carcass where the whole or any part thereof may be washed or carried into any of the waters of this state. Any person guilty of violating this section shall be guilty of a Class II misdemeanor, and every day that any such unlawful act continues or is permitted to continue shall constitute a separate offense and be punishable as such.
Source
Laws 1929, c. 112, V, § 17, p. 432;
C.S.1929, § 37-517;
R.S.1943, § 37-517;
Laws 1977, LB 40, § 192;
R.S.1943, (1993), § 37-517;
Laws 1998, LB 922, § 276;
Laws 1999, LB 176, § 82.
2023 Nebraska Revised Statutes › Chapter 37 - Game and Parks › 37-557 - Hatching boxes and nursery ponds; disturbing prohibited; exception; violation; penalty.

37-557.
Hatching boxes and nursery ponds; disturbing prohibited; exception; violation; penalty.
It shall be unlawful for any person or persons to injure, disturb, or destroy any hatching box, hatching house, or nursery pond used for hatching or propagating fish or to injure, disturb, or destroy any spawn or fry, or fish in any hatching box, hatching house, nursery pond, or stream. The commission may take or cause to be taken any of the fish named in this section for the purpose of propagation or stocking the waters of this state. Any person violating any provision of this section shall be guilty of a Class III misdemeanor.
Source
Laws 1929, c. 112, V, § 18, p. 432;
C.S.1929, § 37-518;
R.S.1943, § 37-518;
Laws 1977, LB 40, § 193;
R.S.1943, (1993), § 37-518;
Laws 1998, LB 922, § 277.
2023 Nebraska Revised Statutes › Chapter 37 - Game and Parks › 37-558 - Draining harmful matter into waters stocked by commission prohibited; penalty.

37-558.
Draining harmful matter into waters stocked by commission prohibited; penalty.
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.
Source
Laws 1937, c. 89, § 19, p. 301;
C.S.Supp.,1941, § 37-517;
R.S.1943, § 37-520;
Laws 1977, LB 40, § 195;
R.S.1943, (1993), § 37-520;
Laws 1998, LB 922, § 278.
2023 Nebraska Revised Statutes › Chapter 37 - Game and Parks › 37-559 - Destruction of predators; permit required; when; mountain lion; actions authorized.

37-559.
Destruction of predators; permit required; when; mountain lion; actions authorized.
(1) Any private landowner or tenant may destroy or have destroyed any predator preying on livestock or poultry or suspected of causing other damage on land owned or controlled by such person without a permit issued by the commission. For purposes of this subsection, predator means a badger, bobcat, coyote, gray fox, long-tailed weasel, mink, opossum, raccoon, red fox, or skunk.
(2) Any private landowner or tenant or agent of such person may kill a mountain lion immediately without prior notice to or permission from the commission if such person or agent encounters a mountain lion and the mountain lion is in the process of stalking, killing, or consuming livestock on such person's property. Such private landowner or tenant or agent shall be responsible for immediately notifying the commission and arranging with the commission to transfer the mountain lion to the commission.
(3) Any person shall be entitled to defend himself or herself or another person without penalty if, in the presence of such person, a mountain lion stalks, attacks, or shows unprovoked aggression toward such person or another person.
(4) This section shall not be construed to allow any private landowner or tenant or agent of such person to destroy or have destroyed species which are protected by the Nongame and Endangered Species Conservation Act or rules and regulations adopted and promulgated under the act, the federal Endangered Species Act of 1973, as amended, 16 U.S.C. 1531 et seq., the federal Fish and Wildlife Coordination Act, as amended, 16 U.S.C. 661 et seq., the federal Bald and Golden Eagle Protection Act, as amended, 16 U.S.C. 668 et seq., the federal Migratory Bird Treaty Act, as amended, 16 U.S.C. 703 et seq., or federal regulations under such federal acts.
Source
Laws 1998, LB 922, § 279;
Laws 2010, LB836, § 4;
Laws 2023, LB565, § 31.
Operative Date: September 2, 2023
Cross References
Nongame and Endangered Species Conservation Act, see section 37-801.