Nebraska Administrative Code › Topic - GAME AND PARKS COMMISSION › Title 163 - Nebraska Game and Parks Commission › Chapter 4 - Wildlife Regulations › Section 163-4-008 - Keeping Wildlife in Captivity

Current through June 17, 2024
The following regulations are prescribed by the Game and
				  Parks Commission, State of Nebraska in accordance with Neb. Rev. Stat.
				  §§
									37-301,
				  37-308.01,
				  37-316,
				  37-412,
				  37-418,
				  37-463,
				  37-465,
				  37-471,
				  37-477
				  through
				  37-480,
				  37-483
				  through
				  37-485,
				  37-524,
				  37-524.01,
				  37-525,
				  37-548,
				  54-2317.
				  For purposes of these regulations, unless stipulated below or context otherwise
				  requires, the definitions found in Chapter 37, sections 202 through 247 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.
In addition to the definitions referred to in Chapter 37,
				  Article 2 R.R.S., the following definitions shall apply for the purposes of
				  section 008.
Captivity - Means a condition which limits or restricts the
				  free egress or free range of wild birds, wild mammals or wildlife by the use of
				  fences, barriers or restraints.
Cage and Aviary Birds - Means those captive-reared birds, not
				  native to Nebraska, such as parrots, exotic finches, and canaries, which are
				  adapted to live and breed in a cage. For purposes of this regulation, the monk
				  parakeet (Myiopsitta monachus) is not a cage and aviary bird.
Hybrid - Means an animal produced by crossing species or
				  subspecies.
008.01 General Regulations
				and Policies
008.01A The commission may
				formulate plans for the disposition of wild cervidae found within a captive
				cervine facility in consultation with the Nebraska Department of Agriculture as
				provided for in 54-2317.
008.01B It
				shall be unlawful for any person or persons to retain any wild birds or wild
				mammals (as defined in Nebraska revised statute
				37-245 and
				37-246 ) in
				captivity except the following species may be kept under authority of a Captive
				Wildlife Permit, a Controlled Shooting Area Permit, a Rehabilitation Permit or
				a Scientific Collectors Permit, issued by the Nebraska Game and Parks
				Commission or under a captive cervine permit issued by the Nebraska Department
				of Agriculture, as specified under such permits, or under provisions as
				provided for in
008.01A
, prior to the acquisition of
				said wild birds or wild mammals (for exception see
008.01C,
				008.08C
and
001.02B
). Threatened and
				endangered species and species in need of conservation may be kept only with
				special permit provisions.
Badger - (Taxidea taxus)
Beaver - (Castor canadensis)
Bobcat* - (Lynx rufus)
Cottontail rabbit - (Sylvilagus floridanus)
Crows - (Corvus brachyrhynchos)
Deer - White-tailed (Odocoileus virginianus)(see
008.07
)
Mule - (Odocoileus hemionus)(see
008.07
)
Ducks - All wild species protected by Federal
				  Regulations
Fox-Gray - (Urocyon cinereoargenteus)
Red - (Vulpes vulpes)
Geese - All wild species protected by Federal
				  Regulations
Grouse - Sharptail (Tympanuchus phasianellus) Prairie
				  Chicken (Tympanuchus cupido)
Lynx* - (Lynx canadensis)
Migratory - All species protected by Migratory Bird Treaty
				  Act
Mink - (Mustela vison, except mutation)
Muskrat - (Ondatra zibethica)
Opossum - (Didelphis virginiana)
Partridge - Hungarian (Perdix perdix) Chukar (Alectoris
				  chukar)
Pheasant - Ringneck or Common Pheasant (Phasianus
				  colchicus)
Quail - Bobwhite (Colinus virginianus)
Raccoon - (Procyon lotor)
River Otter - (Lutra canadensis)
Sheep - Bighorn (Ovis canadensis) (see
008.07
)
Squirrel - Fox (Sciurus niger) Gray (Sciurus carolinensis)
				  Flying (Glaucomys volans)
Swan - Trumpeter (Cygnus columbianus) Tundra (Cygnus
				  buccinator)
Turkey - All wild species (Meleagris gallopavo
				  subspecies)
Weasel - long-tailed (Mustela frenata)
*For commercial purposes only - See section
				  37-477
008.01C It shall be
				unlawful to purchase or possess any species of wild birds or wild mammals
				protected by these regulations including eggs from these species without a
				permit, except that species not listed on the permit and otherwise not
				prohibited by these regulations may be purchased at an auction (as described in
008.04
) or other sale provided that the Commission is
				notified within 10 days of acquisition.
008.01D Captive Wildlife Permits shall not be
				issued for wild birds or wild mammals which have been taken or removed from the
				wild.
008.01E If an animal held
				under authority of a grandfather provision escapes from captivity, the permit
				held by the owner shall be revoked and the animal will be destroyed or
				otherwise disposed of as determined by a Commission agent.
008.01F Suspension and Revocation of Permits:
				It shall be unlawful for wild birds or wild mammals to be kept in captivity
				unless they are confined in a manner reasonably designed to prevent escape and
				are given humane treatment, as defined in the USDA Animal and Plant Health
				Inspection Service code book, 1-1-1985 edition. A copy of the relevant section
				of the USDA publication will be provided upon request to any person applying to
				keep wild birds and wild mammals in captivity.
008.01F1 Upon finding that a permittee has
				violated any of the standards applicable to the issuance or maintenance of the
				permits, the Game and Parks Commission shall suspend or revoke the
				permit.
008.01F2 Such suspension or
				revocation shall not take effect until after a notice in writing has been
				provided to the permittee, and the permittee has been given an opportunity to
				reply to the notice and to correct the deficiency. Such notice must allow 30
				days for reply. If the permittee cannot correct the deficiency within 30 days
				after the reply deadline, the animals must be moved to an adequate facility.
008.01F3 Immediate Suspension
				and/or Revocation of Permit: If conditions under which animals are being kept
				are inhumane and their survival appears to be in jeopardy, immediate action may
				be taken. The permittee shall be advised that his permit is immediately
				revoked. If the permittee wishes to appeal the decision, he/she may request a
				hearing before the full body of the Commission at their next regular
				meeting.