Nebraska Administrative Code › Topic - GAME AND PARKS COMMISSION › Title 163 - Nebraska Game and Parks Commission › Chapter 2 - Fisheries Regulations › Section 163-2-004 - Regulations For The Take of Fish or Snapping Turtles From Privately Owned Waterbodies and Fish Salvage

Current through June 17, 2024
The following regulations are prescribed by the Nebraska Game
				  and Parks Commission, State of Nebraska, in addition to Statutes in accordance
				  with Neb. Rev. Stat. §§ 37301,
				  37-304,
				  37-314, 37,316,
				  37-321,
				  37-322,
				  37-418,
				  37-4,104, and
				  37-545. For purposes of these
				  regulations, unless context otherwise requires, the definitions found in
				  Chapter 37, sections
				  212-241 of the Game Law, are
				  used. These regulations are effective following enactment by the Commission,
				  approval by the Attorney General and Governor, and when five days have elapsed
				  since filing with the Secretary of State.
004.01 When authorized by the Fisheries
				Division, Nebraska Game and Parks Commission, the owner(s) of an approved
				privately-owned waterbody may take or cause to be removed fish or snapping
				turtles, for proper fish management purposes, from waters they own and control
				by methods and means approved by the Commission.
004.01A Such owner(s) or consultants shall
				apply to the Fisheries Division, Nebraska Game and Parks Commission, for a
				Private Waterbody Management Authorization.
004.01A1 The owner or consultant of a private
				waterbody shall provide all requested information on an application form
				prescribed by the Fisheries Division, Nebraska Game and Parks Commission for
				each affected waterbody. The application form shall include, but not
				necessarily be limited to: the signature of the applicant, a description of the
				waterbody (legal description and size), authorized time-period, species and
				number of aquatic organisms to be taken, devices and methods of take, name and
				address of person(s) conducting the take, and disposition of fish or snapping
				turtles taken.
004.01A2 A
				Commercial Fishing Permit is required for the use of nets other than legal dip
				nets and seines as specified in baitfish regulations
				009.06A and
				009.06B or the
				sale of nongame fish or bullheads. Commercial fishing permit regulations
				003.06,
				003.06A,
				003.08 and
				003.09 shall apply.
004.01A3 Traps may be used to take snapping
				turtles provided they are floating or supported so that the entrance into the
				trap is possible only from above the water surface.
004.01A4 It shall be unlawful to stock,
				transport, or cause to be stocked or transported any fish or snapping turtle
				taken under the authority of this authorization to another body of water,
				whether public or private, without prior written approval from the Fisheries
				Division, Nebraska Game and Parks Commission.
004.01A5 It shall be unlawful to take fish
				with any equipment emitting electricity or radio frequencies unless
				specifically authorized by the Fisheries Division, Nebraska Game and Parks
				Commission.
004.01A6 The use of
				explosives, poisons or chemicals other than registered fish toxicants is
				prohibited. The use of registered fish toxicants may be authorized provided
				that the applicant is properly certified through the Nebraska Department of
				Agriculture.
004.01A7 It shall be
				unlawful for the approved applicant or consultant to fail to report, on a form
				prescribed by the Commission, within 30 days of the take of fish or snapping
				turtles. The report form shall include, but not necessarily be limited to: date
				taken, waterbody description (legal description and size), species and number
				of aquatic organisms taken, disposition of fish or snapping turtles taken, and
				signatures of the waterbody owner and permitted individuals that conducted the
				take.
004.01A8 It shall be unlawful
				for persons operating under the authority of this authorization to fail to
				carry and present upon demand to a Commission employee, a copy of the approved
				application.
004.01A9 It shall be
				unlawful to sell, offer for sale, trade or barter any sport fish or snapping
				turtle taken or held under the authority of this authorization.
004.01A10 It shall be unlawful to take any
				fish or snapping turtle under this authorization without notifying the area
				conservation officer, district law enforcement supervisor, or if the officer
				and supervisor are not available the Law Enforcement Division headquarters, at
				least 24 hours prior to the take or removal of any aquatic organism.
004.01A11 Failure to comply with all
				conditions of this authorization may result in the revocation or non-renewal of
				this authorization in addition to possible legal
				prosecution.