Nebraska Administrative Code › Topic - GAME AND PARKS COMMISSION › Title 163 - Nebraska Game and Parks Commission › Chapter 5 - State Parks Regulations › Section 163-5-005 - Regulation's governing public hunting at Eugene T. Mahoney, Chadron, Indian Cave, Niobrara, Platte River, Ponca and Smith Falls State Parks

Current through June 17, 2024
Under the authority of, and in compliance with Sections
				  37-301
				  through
				  37-302,
				  37-304
				  through
				  37-308,
				  37-309
				  through
				  37-313,
				  37-344,
				  R.R.S. 1998, 37-314, R.R.S. 1999, 37-303, R.R.S. 2000, 37-308.01, R.R.S. 2002,
				  the following regulations are prescribed by the Game and Parks Commission of
				  the State of Nebraska, and are effective following enactment by the Game and
				  Parks Commission, approval by the Attorney General and Governor, and when five
				  days have elapsed since filing with the Secretary of State.
005.01 Hunting may be permitted on Eugene T.
				Mahoney, Chadron, Indian Cave, Niobrara, Platte River, Ponca and Smith Falls
				State Parks in accord with established hunting seasons and permit requirements
				and shall be subject to the following terms and conditions:
005.01A Commission staff will prepare an
				annual recommendation for Commission review and approval. The recommendation
				will designate which game species may be hunted, open hunting periods, the
				areas at each park open for hunting and any other special area restrictions or
				limitations.
005.01B No person
				shall hunt within the confines of these State Parks without first obtaining
				permission to hunt therein. Any person desiring to hunt within the confines of
				these State Parks must first register to hunt in person at the park
				headquarters and obtain written evidence of such registration. Such written
				evidence of registration shall be prima facia evidence of permission to hunt
				within the confines of these State Parks. Any person hunting within the
				confines of these State Parks shall show his certificate of registration to any
				law enforcement officer or Game and Parks Commission employee upon demand. Any
				person hunting within the confines of these State Parks who does not possess on
				his person or who fails to show upon demand his written permission to hunt
				therein shall be deemed to not have permission to hunt within the confines of
				these State Parks.
005.01C By
				enactment of these regulations, it is the intent of the Game and Parks
				Commission to provide for the optimum recreational use of these State Parks by
				the using public. Public hunting at these State Parks is, therefore, recognized
				as a sound and proper use of these State Parks, when such hunting is compatible
				with public safety, fire and property protection, and sound management of the
				wildlife species found within the confines of these State Parks. Because the
				circumstances involving public safety, fire and property protection, and sound
				wildlife management may change from day to day within the confines of these
				State Parks, the Game and Parks Commission herewith delegates to the Division
				of State Parks authority to limit the number of registrants, or refuse
				registrations to hunt, or may limit such registrations to specific game species
				or to any portion of these State Parks as the primary considerations of public
				safety, fire and property protection, and sound wildlife management dictate.
				Registrations shall be accepted on the basis of a public drawing if there are
				more registrants than area permits available and remaining permits will be
				issued on an impartial first-come, first-served basis. This delegation to
				control public hunting at these State Parks shall also include authority to
				provide flexible safety zones around buildings or other portions of these State
				Parks, in which safety zones no permission shall be granted for public
				hunting.
005.01D To further provide
				for public safety, fire and property protection and sound wildlife management,
				authority is herewith delegated by the Game and Parks Commission to the
				Division of State Parks to divide these State Parks into reasonable areas to
				which one or more hunters may be assigned. Such assigned hunters shall have
				permission to hunt only their assigned area, and shall not be deemed to have
				permission to hunt these State Parks outside of their assigned areas. Such area
				assignments shall be indicated in the aforementioned written evidence of
				registration.
005.01E Be it further
				provided that in the performance of hunting at these State Parks, individual
				registrations may be granted by the park authority for a valid period of one or
				more days. All hunters so authorized shall personally return the certificate of
				registration to the park headquarters upon completion of their successful hunt
				or at the end of the registration authority as applicable.
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