For the purpose of supplying revenue for the propagation, importation, distribution, protection, and conservation of the wildlife of this state, including all wild animals, birds, fish, and all things pertaining thereto, every person sixteen years of age or older who hunts for game animals or game birds or takes bullfrogs or any other species defined as game or who angles for fish and every person sixteen years of age or older who engages in fur harvesting shall first pay a fee established by the commission pursuant to section 81-814.02 and obtain a permit except (1) the owner or his or her invitee who angles for fish in any body of water (a) which is entirely upon privately owned land, (b) which is entirely privately stocked, (c) which does not connect by inflow or outflow with other water outside such land, and (d) which is not operated on a commercial basis for profit and
(2) any paraplegic who angles for fish in his or her privately owned body of water if he or she does not operate such body of water on a commercial basis for profit. Any person who owns or operates farm or ranch land and who actually resides on a portion of such farm or ranch land, together with members of his or her immediate family also residing on such land, may hunt, take, and possess, within duly established season bag and possession limits, upland game and all game except migratory waterfowl, shore birds, elk, deer, antelope, and wild turkey without paying a fee and without obtaining a hunting permit as required in this section and section 37-213 or a habitat stamp as required in sections 37-216.01 to 37-216.09. For purposes of this exemption, immediate family shall mean and be limited to husband and wife and their children and upland game shall mean and be limited to
cottontail rabbits, squirrels, grouse, partridges, pheasants, prairie chickens, and quail. Such exemption shall only apply to hunting done on land owned or operated by such person and shall not apply when hunting on the land of other persons. The commission may by rule and regulation require a person hunting without a permit claiming to come under this exemption to sign a statement presented by a conservation officer which states facts which verify that the person comes within this exemption. A violation of this section shall be a Class IV misdemeanor. Any farmer or rancher owning or operating a farm or ranch may destroy or have destroyed any predator preying on livestock or poultry or causing other agricultural depredation on land owned or controlled by him or her without a permit issued by the commission. This section shall not be construed to allow such farmer or rancher to destroy or have destroyed species which are protected by the provisions of Chapter 37, article 3, the Nongame and Endangered Species Conservation Act, the federal Endangered Species Act of 1973, as amended, 16 U.S.C. 1531 to 1544, the federal Fish and Wildlife Coordination Act, as amended, 16 U.S.C. 661 to 667d, the federal Bald and Golden Eagle Protection Act, as amended, 16 U.S.C. 668 to 668d, the federal Migratory Bird Treaty Act, as amended, 16 U.S.C. 703 to 718j, or rules and regulations adopted and promulgated pursuant to such article and acts.
