37-201 . Law, how cited
37-202 . Definitions, where found
37-203 . Aquaculture, defined
37-204 . Aquaculture facility, defined
37-205 . Aquaculturist, defined
37-206 . Aquatic disease, defined
37-206.01. Aquatic invasive species, defined
37-207 . Aquatic organism, defined
37-207.01. Authorized inspector, defined
37-208 . Bait, defined
37-208.01. Bonus point, defined
37-209 . Baitfish, defined
37-209.01 . Captive, defined
37-210 . Captive propagation, defined
37-210.01 . Captivity, defined
37-211 . Commercial aquaculturist, defined
37-212 . Commercial exploitation, defined
37-213 . Commercial fish, defined
37-214 . Commission, defined
37-215 . Conservation, defined
37-215.01. Conveyance, defined
37-216 . Cultured aquatic stock, defined
37-217 . Disabled person, defined
37-218 . Ecologic harm, defined
37-219 . Economic harm, defined
37-220 . Ecosystem, defined
37-221 . Endangered Species Act, defined
37-222 . Falconry, defined
37-223 . Fish, when used as a noun, defined
37-224 . Fish, when used as a verb, defined
37-225 . Fur harvesting, defined
37-226 . Fur-bearing animals, defined
37-227 . Game, defined
37-228 . Game animals, defined
37-229 . Game birds, defined
37-230 . Game fish, defined
37-231 . Habitual offender, defined
37-232 . Hunt, defined
37-233 . Migratory game birds, defined
37-233.01 . Migratory waterfowl, defined
37-234 . Nongame fish, defined
37-235 . Officer, defined
37-236 . Optimum carrying capacity, defined
37-237 . Person, owner, proprietor, grantee, lessee, and licensee, defined
37-237.01 . Protected bird, defined
37-237.02. Preference point, defined
37-238 . Raptor, defined
37-239 . Raw fur, defined
37-240 . Species, defined
37-241 . Sport fish, defined
37-242 . Take, defined
37-243 . Trap, defined
37-244 . Upland game birds, defined
37-245 . Wild birds, defined
37-246 . Wild mammals, defined
37-247 . Wildlife, defined
37-247.01. Wildlife abatement, defined
37-248 . General penalty provision
Sections 37-201 to 37-811 and 37-1501 to 37-1510 and the State Park System Construction Alternatives Act shall be known and may be cited as the Game Law.
Credits
Laws 1929, ch. 112, I, § 2, p. 408; Laws 1989, LB 34, § 2; Laws 1989, LB 251, § 1; Laws 1991, LB 403, § 2; Laws 1993, LB 830, § 7; Laws 1994, LB 1088, § 2; Laws 1994, LB 1165, § 6; Laws 1995, LB 274, § 1; Laws 1996, LB 923, § 2; Laws 1997, LB 19, § 2; Laws 1998, LB 922, § 11; Laws 1999, LB 176, § 2; Laws 2000, LB 788, § 2; Laws 2002, LB 1003, § 14; Laws 2003, LB 305, § 1; Laws 2004, LB 826, § 1; Laws 2005, LB 121, § 2; Laws 2005, LB 162, § 1; Laws 2007, LB 504, § 1; Laws 2009, LB 105, § 2, eff. Aug. 30, 2009; Laws 2010, LB 743, § 3, eff. March 4, 2010; Laws 2010, LB 836, § 1, eff. July 15, 2010; Laws 2012, LB 391, § 1, eff. April 6, 2012; Laws 2012, LB 928, § 1, eff. April 18, 2012; Laws 2014, LB 699, § 1, eff. April 3, 2014; Laws 2014, LB 814, § 1, eff. Oct. 1, 2014; Laws 2015, LB 142, § 1, eff. March 6, 2015; Laws 2016, LB 474, § 1, eff. July 21, 2016; Laws 2018, LB 775, § 1, eff. July 19, 2018; Laws 2019, LB 374, § 1, eff. Sept. 1, 2019; Laws 2020, LB 287, § 1, eff. Nov. 14, 2020; Laws 2021, LB 507, § 1, eff. May 6, 2021; Laws 2022, LB 1082, § 1, eff. July 21, 2022.
Codifications: C.S. 1929, § 37-102; R.S. 1943, § 37-102; R.S. Supp., 1997, § 37-102.
37-202. Definitions, where found
For purposes of the Game Law, unless the context otherwise requires, the definitions found in sections 37-203 to 37-247.01 are used.
Credits
Laws 1929, ch. 112, I, § 1, p. 407; Laws 1931, ch. 75, § 1, p. 199; Laws 1937, ch. 89, § 1, p. 290; Laws 1941, ch. 72, § 1, p. 300; Laws 1943, ch. 94, § 1, p. 321; Laws 1949, ch. 100, § 1, p. 275; Laws 1953, ch. 123, § 1, p. 386; Laws 1957, ch. 139, § 1, p. 464; Laws 1959, ch. 148, § 2, p. 563; Laws 1963, ch. 200, § 1, p. 647; Laws 1965, ch. 194, § 1, p. 592; Laws 1967, ch. 216, § 1, p. 578; Laws 1971, LB 733, § 8; Laws 1973, LB 331, § 1; Laws 1975, LB 195, § 1; Laws 1975, LB 142, § 1; Laws 1976, LB 861, § 1; Laws 1981, LB 72, § 1; Laws 1985, LB 557, § 1; Laws 1987, LB 154, § 1; Laws 1989, LB 34, § 1; Laws 1993, LB 121, § 201; Laws 1993, LB 830, § 6; Laws 1994, LB 884, § 57; Laws 1994, LB 1088, § 1; Laws 1994, LB 1165, § 5; Laws 1995, LB 259, § 1; Laws 1997, LB 173, § 1; Laws 1998, LB 922, § 12; Laws 1999, LB 176, § 3; Laws 2002, LB 1003, § 15; Laws 2012, LB 391, § 2, eff. April 6, 2012; Laws 2019, LB 374, § 2, eff. Sept. 1, 2019; Laws 2020, LB 287, § 2, eff. Nov. 14, 2020.
Codifications: C.S. 1929, § 37-101; C.S. Supp., 1941, § 37-101; R.S. 1943, § 37-101; R.S. Supp., 1997, § 37-101.
Aquaculture has the meaning found in section 2-3804.01.
Laws 1998, LB 922, § 13.
37-204. Aquaculture facility, defined
Aquaculture facility means any facility, structure, lake, pond, tank, or tanker truck used for the purpose of propagating, selling, brokering, trading, or transporting cultured aquatic stock.
Laws 1998, LB 922, § 14.
37-205. Aquaculturist, defined
Aquaculturist means any individual, partnership, limited liability company, or corporation, other than an employee of a state or federal hatchery, involved in producing, transporting, or marketing cultured aquatic stock or products thereof.
Laws 1998, LB 922, § 15.
37-206. Aquatic disease, defined
Aquatic disease means any departure from a normal state of health of aquatic organisms caused by disease agents.
Laws 1998, LB 922, § 16.
37-206.01. Aquatic invasive species, defined
Aquatic invasive species means exotic or nonnative aquatic organisms listed in rules and regulations of the commission which pose a significant threat to the aquatic resources, water supplies, or water infrastructure of this state.
Credits
Laws 2012, LB 391, § 3, eff. April 6, 2012.
37-207. Aquatic organism, defined
Aquatic organism means an individual member of any species of fish, mollusk, crustacean, aquatic reptile, aquatic amphibian, aquatic insect, or other aquatic invertebrate. Aquatic organism includes the viable gametes, eggs or sperm, of an aquatic organism.
Laws 1998, LB 922, § 17.
37-207.01. Authorized inspector, defined
Authorized inspector means a person who meets the requirements established in rules and regulations of the commission to inspect for aquatic invasive species and includes, but is not limited to, a conservation officer and a peace officer as defined in section 49-801.
Credits
Laws 2012, LB 391, § 4, eff. April 6, 2012.
Bait means anything used in luring fish or other animals to a hook, snare, enclosure, or net for the purpose of taking them.
Laws 1998, LB 922, § 18.
37-208.01. Bonus point, defined
Bonus point means a point or points accrued by an applicant for preference in a random permit drawing in which the number of points determines the number of entries in the permit drawing.
Credits
Laws 2020, LB 287, § 3, eff. Nov. 14, 2020.
Baitfish means those species of fish, as listed in rules and regulations of the commission, that are collected from the wild or bought from legal sources and sold for use as bait.
Laws 1998, LB 922, § 19; Laws 1999, LB 176, § 4.
Captive, as it pertains to captive wildlife, captive wild birds, or captive wild mammals, means the condition of captivity.
Laws 2002, LB 1003, § 16.
37-210. Captive propagation, defined
Captive propagation means to hold live raptors in a controlled environment that is intensively manipulated by humans for the purpose of producing raptors of selected species and that has boundaries designed to prevent raptors, eggs, or gametes of the selected species from entering or leaving the controlled environment.
Laws 1998, LB 922, § 20.
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.
Laws 2002, LB 1003, § 17.
37-211. Commercial aquaculturist, defined
Commercial aquaculturist means an aquaculturist engaged in the business of growing, selling, brokering, or processing live or viable aquatic organisms for commercial purposes.
Laws 1998, LB 922, § 21.
37-212. Commercial exploitation, defined
Commercial exploitation means buying, selling, or bartering for economic or financial gain by any person, partnership, limited liability company, association, or corporation.
Laws 1998, LB 922, § 22.
37-213. Commercial fish, defined
Commercial fish means those species of fish, other than baitfish, as listed in rules and regulations of the commission, allowed to be harvested from the wild or bought, sold, or bartered for economic gain.
Laws 1998, LB 922, § 23.
Commission means the Game and Parks Commission.
Laws 1998, LB 922, § 24.
Conservation means the use of all methods and procedures for the purpose of increasing the number of individuals within species and populations of wildlife up to the optimum carrying capacity of their habitat and maintaining such levels. Such methods and procedures include, but are not limited to, all activities associated with scientific resources management such as research, census, law enforcement, habitat acquisition and maintenance, propagation, live trapping, transplantation, regulated taking, and the periodic or total protection of species or populations.
Laws 1998, LB 922, § 25.
37-215.01. Conveyance, defined
Conveyance means a motorboat as defined in section 37-1204, a personal watercraft as defined in section 37-1204.01, a vessel as defined in section 37-1203, a trailer, or any associated equipment or containers which may contain or carry aquatic invasive species.
Credits
Laws 2012, LB 391, § 5, eff. April 6, 2012.
37-216. Cultured aquatic stock, defined
Cultured aquatic stock means aquatic organisms raised from privately owned stocks and aquatic organisms lawfully acquired and held in private ownership until they become intermingled with wild aquatic organisms.
Laws 1998, LB 922, § 26.
37-217. Disabled person, defined
Disabled person means any person certified by a physician to have a permanent physical impairment which limits personal mobility and results in an inability to travel unassisted more than two hundred feet without the use of a wheelchair, crutch, walker, prosthetic, orthotic, or other assistance device as allowed by rules and regulations adopted and promulgated by the commission.
Laws 1998, LB 922, § 27.
37-218. Ecologic harm, defined
Ecologic harm means significant loss, disadvantage, or injury to the relationships between organisms and their environment.
Laws 1998, LB 922, § 28.
37-219. Economic harm, defined
Economic harm means significant loss, disadvantage, or injury to personal or material resources.
Laws 1998, LB 922, § 29.
Ecosystem means a system of living organisms and their environment, each influencing the existence of the other and both necessary for the maintenance of life.
Laws 1998, LB 922, § 30.
37-221. Endangered Species Act, defined
Endangered Species Act means the Endangered Species Act of 1973, as amended, 16 U.S.C. 1531 et seq.
Laws 1998, LB 922, § 31.
Falconry means the sport of taking quarry by means of a trained raptor.
Laws 1998, LB 922, § 32.
37-223. Fish, when used as a noun, defined
Fish, when used as a noun, means a cold-blooded, vertebrate animal, typically covered with scales, which breathes by gills, swims by body motion using fins for maneuvering, and is dependent upon water as a medium in which to live.
Laws 1998, LB 922, § 33.
37-224. Fish, when used as a verb, defined
Fish, when used as a verb, means to pursue, shoot, catch, capture, collect, harvest, kill, destroy, or attempt to pursue, shoot, catch, capture, collect, harvest, kill, or destroy.
Laws 1998, LB 922, § 34.
37-225. Fur harvesting, defined
Fur harvesting means taking or attempting to take any fur-bearing animal by any means as prescribed by rules and regulations of the commission.
Laws 1998, LB 922, § 35.
37-226. Fur-bearing animals, defined
Fur-bearing animals means all beaver, martens, mink, muskrats, raccoons, opossums, otters, bobcats, gray foxes, red foxes, badgers, long-tailed weasels, Canada lynx, and skunks, except mutation minks and mutation foxes.
Laws 1998, LB 922, § 36; Laws 1999, LB 176, § 5.
Game means all game fish, bullfrogs, snapping turtles, tiger salamanders, mussels, crows, game animals, fur-bearing animals, game birds, protected birds, and all other creatures protected by the Game Law.
Laws 1998, LB 922, § 37; Laws 1999, LB 176, § 6.
Game animals means all antelope, cottontail rabbits, deer, elk, mountain sheep, squirrels, mountain lions, moose, and bears.
Laws 1998, LB 922, § 38.
Game birds means coots, cranes, curlew, doves, grouse, partridges, pheasants, plovers, prairie chickens, quail, rails, snipes, swans, woodcocks, wild turkeys, and all migratory waterfowl.
Laws 1998, LB 922, § 39; Laws 1999, LB 176, § 7.
Game fish means all baitfish, commercial fish, and sport fish.
Laws 1998, LB 922, § 40.
37-231. Habitual offender, defined
Habitual offender means a person who has been convicted of violating the Game Law two or more times in any calendar year or who has been convicted of violating the Game Law three or more times in any ten-year period beginning with the date of the first conviction.
Laws 1998, LB 922, § 41.
Hunt means to pursue, shoot, catch, capture, collect, harvest, kill, destroy, or attempt to pursue, shoot, catch, capture, collect, harvest, kill, or destroy.
Laws 1998, LB 922, § 42.
37-233. Migratory game birds, defined
Migratory game birds means all doves, ducks, geese, rails, snipes, cranes, woodcocks, coots, and swans.
Laws 1998, LB 922, § 43.
37-233.01. Migratory waterfowl, defined
Migratory waterfowl means any ducks, geese, or brant upon which an open season has been established by the commission.
Laws 1999, LB 176, § 8.
Nongame fish means any species of fish not classified as game fish, threatened species, or endangered species in the Game Law or rules and regulations of the commission.
Laws 1998, LB 922, § 44.
Officer means every person authorized to enforce the Game Law.
Laws 1998, LB 922, § 45.
37-236. Optimum carrying capacity, defined
Optimum carrying capacity means that point at which a given habitat can support healthy populations of wildlife species, having regard to the total ecosystem without diminishing the ability of the habitat to continue that function.
Laws 1998, LB 922, § 46.
37-237. Person, owner, proprietor, grantee, lessee, and licensee, defined
Person, owner, proprietor, grantee, lessee, and licensee means and includes individuals, partnerships, limited liability companies, associations, corporations, and municipalities.
Laws 1998, LB 922, § 47.
37-237.01. Protected bird, defined
Protected bird means all birds except game birds, English sparrows, European starlings, and pigeons other than Antwerp or homing pigeons, commonly called Carrier Pigeons.
Laws 1999, LB 176, § 9.
37-237.02. Preference point, defined
Preference point means a point or points accrued by an applicant for preference in a structured random permit drawing in which the draw is structured by the number of preference points and the applicants with the most points are drawn first.
Credits
Laws 2020, LB 287, § 4, eff. Nov. 14, 2020.
Raptor means any bird of the Accipitriformes, Falconiformes, or Strigiformes, including, but not limited to, caracaras, eagles, falcons, harriers, hawks, kites, osprey, owls, and vultures.
CREDIT(S)
Laws 1998, LB 922, § 48; Laws 2011, LB 41, § 1, eff. Aug. 27, 2011.
Raw fur means the untanned pelts of any fur-bearing animal except commercially reared mutations.
Laws 1998, LB 922, § 49; Laws 1999, LB 176, § 10.
Species means a category of biological classification which describes groups of organisms which show distinctive characteristics and which are able to interbreed.
Laws 1998, LB 922, § 50.
Sport fish means those species of fish, as listed in rules and regulations of the commission, typically sought for recreation or consumption.
Laws 1998, LB 922, § 51.
Take means to harass, wound, hunt, trap, fish, harvest fur, or attempt to harass, wound, hunt, trap, fish, or harvest fur.
Laws 1998, LB 922, § 52.
Trap means to take or attempt to take any wildlife by any snare, steel-jawed spring trap, or box trap.
Laws 1998, LB 922, § 53.
37-244. Upland game birds, defined
Upland game birds means all species and subspecies of quail, partridges, pheasants, wild turkeys, and grouse, including prairie chickens.
Laws 1998, LB 922, § 54.
Wild birds means the species of birds native to, migrating to or through, or having established free-ranging populations in the State of Nebraska except the English sparrow, the European starling, and the common pigeon.
Laws 1998, LB 922, § 55.
Wild mammals means the species of mammals native to, migrating to or through, or having established free-ranging populations in the State of Nebraska except the fallow deer, the house mouse, the Norway rat, the black rat, the feral domestic dog, and the feral domestic cat.
Laws 1998, LB 922, § 56; Laws 1999, LB 176, § 11.
Wildlife means any member of any nondomesticated species of the animal kingdom, whether reared in captivity or not, including any mammal, fish, bird, amphibian, reptile, mollusk, crustacean, arthropod, or other invertebrate and includes any part, product, egg, or offspring thereof or the dead body or parts thereof.
Laws 1998, LB 922, § 57.
37-247.01. Wildlife abatement, defined
Wildlife abatement means the use of a trained raptor to frighten, flush, haze, take, or kill certain wildlife to manage depredation, damage, or other threats to human health and safety or commerce caused by such wildlife.
Credits
Laws 2019, LB 374, § 3, eff. Sept. 1, 2019.
37-248. General penalty provision
Any person violating any of the provisions of the Game Law or any provisions of the rules or regulations adopted and promulgated by the commission, where a penalty is not otherwise fixed, shall be guilty of a Class III misdemeanor and shall be subject to a mandatory fine of at least fifty dollars upon conviction.
Laws 1943, ch. 94, § 14, p. 331; Laws 1957, ch. 139, § 2, p. 465; Laws 1977, LB 40, § 172; Laws 1998, LB 922, § 58; Laws 1999, LB 176, § 12.
(See also Chapter 37. Game and Parks. Article 4. Permits and Licenses. (B) Special Permits and Licenses ).