2006 Nebraska Revised Statutes - § 37-411 — Hunting, fishing, or fur harvesting without permit; unlawful; exceptions;violations; penalties.

Section 37-411
Hunting, fishing, or fur harvesting without permit; unlawful; exceptions; violations; penalties.

(1) Unless issued 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. Nonresident fur-harvesting permits may be issued only to residents of states which issue similar permits to residents of Nebraska;

(b) For any resident of Nebraska who is sixteen years of age or older or any nonresident of Nebraska to hunt 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 possess any migratory waterfowl without a federal migratory bird hunting stamp and a Nebraska migratory waterfowl stamp as required under the Game Law and rules and regulations of the commission; or

(d) For any person who is sixteen years of age or older to take any kind of fish, bullfrog, snapping turtle, tiger salamander, or mussel from the waters of this state or possess the same except as provided in section 37-402. All nonresident anglers under sixteen years of age shall be accompanied by a person who has a valid fishing permit.

(2) It shall be unlawful for a nonresident to hunt or possess any kind of game birds or game animals, to take any kind of fish, mussel, turtle, or amphibian, or to harvest fur with a resident permit illegally obtained.

(3) 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.

(4) Any nonresident who hunts or has in his or her possession any wild mammal or wild bird shall first have a nonresident hunting permit as required under the Game Law and rules and regulations of the commission.

(5) Any nonresident who takes or has in his or her possession any wild turtle, mussel, or amphibian shall first have a nonresident fishing permit as required under the Game Law and rules and regulations of the commission.

(6) Except as provided in this section and sections 37-407 and 37-418, 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) It shall be unlawful for anyone to lure or entice wildlife into a domesticated cervine animal facility for the purpose of containing such wildlife.

(8)(a) Any person violating this section shall be guilty of a Class II misdemeanor and shall be fined at least seventy-five 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 proof of such purchase to the court.

Source:

Laws 1929, c. 112, II, § 13, p. 412

C.S.1929, § 37-213

Laws 1937, c. 89, § 4, p. 292

Laws 1941, c. 72, § 3, p. 301

C.S.Supp.,1941, § 37-213

R.S.1943, § 37-213

Laws 1949, c. 102, § 2, p. 280

Laws 1957, c. 139, § 5, p. 466

Laws 1959, c. 154, § 1, p. 580

Laws 1959, c. 150, § 4, p. 571

Laws 1959, c. 149, § 2, p. 565

Laws 1961, c. 169, § 2, p. 502

Laws 1961, c. 171, § 1, p. 511

Laws 1965, c. 197, § 1, p. 598

Laws 1965, c. 194, § 2, p. 592

Laws 1967, c. 216, § 5, p. 581

Laws 1972, LB 777, § 2

Laws 1973, LB 331, § 3

Laws 1977, LB 40, § 176

Laws 1978, LB 75, § 1

Laws 1979, LB 553, § 2

Laws 1979, LB 435, § 1

Laws 1981, LB 72, § 9

Laws 1987, LB 171, § 1

Laws 1987, LB 105, § 4

Laws 1989, LB 34, § 11

Laws 1989, LB 127, § 1

Laws 1993, LB 235, § 10

Laws 1996, LB 584, § 5

R.S.Supp.,1996, § 37-213

Laws 1998, LB 922, § 121

Laws 1999, LB 176, § 23

Laws 1999, LB 404, § 23

Laws 2003, LB 305, § 8

Laws 2005, LB 162, § 3

Cross References:

Predatory animals,subject to destruction, see sections 23-358 and 81-2,236.

Annotations:

Legislature was constitutionally free to determine by what authority licenses should be imposed upon those desiring to hunt and fish. State ex rel. Stevens v. Nickerson, 97 Neb. 837, 151 N.W. 981 (1915).

~Revised Statutes Supplement, 2006