Nebraska Administrative Code › Topic - GAME AND PARKS COMMISSION › Title 163 - Nebraska Game and Parks Commission › Chapter 2 - Fisheries Regulations › Section 163-2-002 - Non-resident Fish Dealers and Exportation, Importation and Possession Regulations

Current through June 17, 2024
The following regulations are prescribed by the Nebraska Game
				  and Parks Commission, State of Nebraska, in addition to State Statutes in
				  accordance with Neb. Rev. Stat. §§
									37-301,
				  37-304, 37314,
				  37-316,
				  37-468,
				  37-482.01,
				  37-524,
				  37-545,
				  37-546,
				  37-547, and
				  37-548.. For purposes of these
				  regulations, unless context otherwise requires, the definitions found in
				  Chapter 37, sections
				  206-234 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.
002.01 It shall be unlawful for any person,
				except employees of the Nebraska Game and Parks Commission to stock any species
				of fish, mollusks, amphibians and crustaceans in any public waters of this
				state or lands in the state, without written approval of the Commission, or to
				stock any nongame fish in any private waters of this State which overflows into
				or connects in any way to public waters.
002.02 It shall be unlawful to sell or offer
				any carp, carpsucker, buffalo, gar, quillback, or bowfin for use as
				bait.
002.03 No person, either
				resident or nonresident, shall import or transport in any manner live
				amphibians, (as listed in Section 009) any live fish, mollusks and crustaceans
				into this State for any purpose without prior written authorization from the
				Fisheries Division of the Nebraska Game and Parks Commission:
002.03A It shall be unlawful to buy, sell,
				trade, or barter any aquatic organism not listed on the non-resident fish
				dealer permit.
002.03B It shall be
				unlawful to import all live fish of the Salmonid family (trout, char, and
				salmon) except as stated in
				02.03B1. An
				"Application for Importation" form for fertilized eggs or gametes, of the
				Salmonid family, plus a current (within previous 12 months) disease inspection
				report of the supplying facility and its fish shall be submitted to the
				Fisheries Division, Nebraska Game and Parks Commission, not less than 10 days
				prior to each importation. Any facility from which eggs or gametes of the
				Salmonid family are to be imported must be inspected annually and found to be
				free of Viral Hemorrhagic Septicemia (VHS), Infectious Pancreatic Necrosis
				(IPN), Infectious Hematopoietic Necrosis (IHN), Epizootic Epitheliotropic
				Disease (EED), Virus Disease of Oncorhynchus masau (OMV), Spring Viremia of
				Carp (SVCV), Renibacterium salmoninarum (Bacterial Kidney Disease - BKD), or
				Myxobolus (Myxosoma) cerebralis (Whirling Disease - WHD).
002.03B1 Research facilities approved by the
				Fisheries Division, Nebraska Game and Parks Commission may import live fish of
				the Salmonid family, provided they meet the requirements listed in 002.03B,
				including the "Application for Importation" requirements. No live fish may be
				removed and/or stocked from the research facility.
002.03C It shall be unlawful for anyone to
				buy, sell, trade, barter or possess live fish species of the family Channidae
				(snakeheads).
002.03D All
				facilities from which fertilized eggs, gametes or live fish are imported into
				the state shall be inspected and found free of Viral Hemorrahgic Septicemia
				(VHS)and Spring Viremia of Carp (SVCV). Largemouth bass shall be inspected and
				found free of Largemouth Bass Virus (LMBV) and live yellow perch shall be
				inspected and found free of Heterosporis.
002.03E An "Application for Importation"
				fertilized eggs, gametes, or live fish, plus a current (within previous 12
				months) disease inspection report of the supplying facility and its fish shall
				be submitted to the Fisheries Division, Nebraska Game and Parks Commission not
				less than 10 days prior to each importation.
002.03E1 Legal bait fish as listed in Section
				009 may be imported into this State for use as bait provided the facility from
				which they are being imported meets the following criteria.
1) Licensed facility must provide a fish
				health inspection report with a disease free status to the Fisheries Division
				of the Nebraska Game and Parks Commission.
2) Testing shall be conducted for Viral
				Hemorrahgic Septicemia (VHS) and Spring Viremia of Carp (SVCV).
3) An "Application for Importation of Bait"
				form shall be submitted prior to any importation to the Fisheries Division of
				the Nebraska Game and Parks Commission. An approval for importation will be
				granted for a specified period of time up to six months.
4) Approval and a copy of the latest fish
				health inspection report shall be carried on the transport vehicle during any
				importations into the state.
Importations may be subject to random inspections by
				  employees of the Nebraska Game & Parks Commission. An adequate sample shall
				  be surrendered for testing if requested.
Failure to comply with these criteria shall result in the
				  non-resident fish dealer permit being revoked.
002.03E2 All disease inspections shall be
				conducted by methods and procedures acceptable to the Commission. The most
				recent publication of the "Suggested Procedures for the Detection and
				Identification of Certain Finfish and Shellfish Pathogens" published by the
				Fish Health Section of the American Fisheries Society should be used as a
				guideline. Inspections shall be conducted by an individual certified as a Fish
				Health Inspector or Fish Pathologist or as approved by the
				Commission.