2006 Nebraska Revised Statutes - § 37-314 — Seasons; opening and closing; powers of commission; rules and regulations.

Section 37-314
Seasons; opening and closing; powers of commission; rules and regulations.

(1) The commission may, in accordance with the Game Law, other provisions of law, and lawful rules and regulations, fix, prescribe, and publish rules and regulations as to open seasons and closed seasons, either permanent or temporary, as to conservation orders or similar wildlife management activities authorized by the United States Fish and Wildlife Service, as to bag limits or the methods or type, kind, and specifications of hunting, fur-harvesting, or fishing gear used in the taking of any game, game fish, nongame fish, game animals, fur-bearing animals, or game birds, as to the age, sex, species, or area of the state in which any game, game fish, nongame fish, game animals, fur-bearing animals, or game birds may be taken, or as to the taking of any particular kinds, species, or sizes of game, game fish, nongame fish, game animals, fur-bearing animals, and game birds in any designated waters or areas of this state after due investigation and having due regard to the distribution, abundance, economic value, breeding habits, migratory habits, and causes of depletion or extermination of the same in such designated waters or areas and having due regard to the volume of the hunting, fur harvesting, and fishing practiced therein and the climatic, seasonal, and other conditions affecting the protection, preservation, and propagation of the same in such waters or areas. Such rules and regulations may be amended, modified, or repealed from time to time, subject to such limitations and standards, and such rules and regulations and all amendments, modifications, and repeals thereof shall be based upon investigation and available but reliable data relative to such limitations and standards.

(2) Each such rule, regulation, amendment, modification, and repeal shall specify the date when it shall become effective and while it remains in effect shall have the force and effect of law.

(3) Regardless of the provisions of this section or of other sections of the Game Law which empower the commission to set seasons on game birds, fish, or animals or provide the means and method by which such seasons are set or promulgated and regardless of the provisions of the Administrative Procedure Act, the commission may close or reopen any open season previously set on game birds, fish, or animals in all or any specific portion of the state. The commission shall only close or reopen such seasons by majority vote at a valid special meeting called under section 37-104 and other provisions of statutes regarding the holding of public meetings. Any closing or reopening of an open season previously set by the commission shall not be effective for at least twenty-four hours after such action by the commission. The commission shall make every effort to make available to all forms of the news media the information on any opening or closing of any open season on game birds, fish, or animals previously set. The commission may only use this special provision allowing the commission to open or close game bird, fish, or animal seasons previously set in emergency situations in which the continuation of the open season would result in grave danger to human life or property. The commission may also close or reopen any season established by a conservation order under the same provisions pertaining to closing and reopening seasons in this section.

Source:

Laws 1929, c. 112, III, § 1, p. 413

C.S.1929, § 37-301

Laws 1931, c. 70, § 1, p. 190

Laws 1937, c. 89, § 5, p. 292

C.S.Supp.,1941, § 37-301

Laws 1943, c. 94, § 5, p. 324

R.S.1943, § 37-301

Laws 1957, c. 242, § 31, p. 844

Laws 1972, LB 777, § 4

Laws 1972, LB 1284, § 14

Laws 1975, LB 489, § 2

Laws 1981, LB 72, § 13

Laws 1989, LB 34, § 12

R.S.1943, (1993), § 37-301

Laws 1998, LB 922, § 72

Laws 1999, LB 176, § 14

Cross References:

Administrative Procedure Act,see section 84-920.

Annotations:

Commission is authorized to prescribe regulations for open and closed seasons. State v. Allen, 159 Neb. 314, 66 N.W.2d 830 (1954).

~Reissue Revised Statutes of Nebraska