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Revised Statues - Chapter 37 Game and Parks


37-213: Hunting, fishing, or fur harvesting without permit; unlawful; exceptions; commercial put-and-take fishing; fees; violations; penalties.

(1) Unless holding a permit as required in the Game Law, it shall be unlawful: (a) For any resident of Nebraska who is sixteen years of age or older or any nonresident of Nebraska to engage in fur harvesting or possess any fur-bearing animal or raw fur, except that a person may possess a fur-bearing animal or raw fur for up to ten days after expiration of a valid permit; (b) For any resident of Nebraska who is sixteen years of age or older or any nonresident of Nebraska to hunt for, kill, shoot at, pursue, take, or possess any kind of game birds, game animals, or crows; (c) For any person who is sixteen years of age or older to hunt or take or attempt to hunt or take any migratory waterfowl without first obtaining and affixing to his or her hunting permit a federal migratory bird hunting stamp. All such stamps affixed to hunting permits shall be signed by the holder of the hunting permit. Migratory waterfowl shall mean any ducks, geese, coots, or brant upon which an open season has been established by the commission; or (d) For any person who is sixteen years of age or older to take, angle for, or attempt to take any kind of fish, bullfrog, snapping turtle, tiger salamander, mussel, or minnow from the waters of this state or possess the same, except that (i) the owner or invitee of the owner of any body of water which is located entirely upon privately owned land, which is entirely privately stocked, which does not connect by inflow or outflow with other water outside such land, and which is not operated on a commercial basis for profit and (ii) 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 shall not be required to hold a permit before fishing from or possessing fish or minnows taken from such waters.

(2) No fishing permit shall be required for fishing in any duly licensed commercial put-and-take fishery operating under rules and regulations adopted and promulgated by the commission. The annual fee for licensing such commercial put-and-take fishery shall be not less than fifty dollars and not more than sixty-five dollars per year, as established by the commission pursuant to section 81-814.02, payable in advance, and no person shall operate such an establishment without first obtaining such permit from the commission. Before issuing such permit the commission shall investigate each such establishment annually and be satisfied that the same is a bona fide commercial put-and-take fishery operating within all applicable state and federal laws.

(3) It shall be unlawful for a nonresident to hunt for, kill, shoot at, pursue, take, or possess any kind of game birds or game animals, mussel, turtle, or amphibian, to angle for or take or attempt to angle for or take any kind of fish, or to harvest fur or attempt to harvest fur while in the possession of a resident permit illegally obtained.

(4) It shall be unlawful for anyone to do or attempt to do any other thing for which a permit is required by the Game Law without first obtaining such permit and paying the fee required.

(5) During any season which permits the taking of deer with rifles using center-fire cartridges, wild animals other than deer may be hunted only with a shotgun, .22 rimfire rifle, or .22 rimfire handgun, except that this provision shall not apply to a holder of a valid deer permit or a limited deer permit under section 37-215.03.

(6) Except as provided in sections 37-204 and 37-209, it shall be unlawful for any nonresident to trap or attempt to trap or to harvest fur or attempt to harvest fur from any wild mammal.

(7)(a) Any person violating this section shall be guilty of a Class II misdemeanor and shall be fined at least forty dollars. (b) If the offense is failure to hold a hunting, fishing, fur-harvesting, deer, turkey, or antelope permit as required, unless issuance of the required permit is restricted so that permits are not available, the court shall require the offender to purchase the required permit and exhibit the permit to the court.



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