2006 Nebraska Revised Statutes - § 37-504 — Violations; penalties; exception.

Section 37-504
Violations; penalties; exception.

(1) Any person who at any time, except during an open season ordered by the commission as authorized in the Game Law, unlawfully hunts, traps, or has in his or her possession any elk, deer, antelope, swan, or wild turkey shall be guilty of a Class III misdemeanor.

(2) Any person who at any time, except during an open season ordered by the commission as authorized in the Game Law, unlawfully hunts, traps, or has in his or her possession any mountain sheep shall be guilty of a Class II misdemeanor.

(3) Any person who at any time, except during an open season ordered by the commission as authorized in the Game Law, unlawfully hunts, traps, or has in his or her possession any quail, pheasant, partridge, Hungarian partridge, wood duck, eider duck, curlew, grouse, mourning dove, or sandhill crane shall be guilty of a Class III misdemeanor.

(4) Any person who unlawfully takes any game or unlawfully has in his or her possession any such game shall be guilty of a Class III misdemeanor.

(5) Any person who, in violation of the Game Law, takes any mourning dove that is not flying shall be guilty of a Class V misdemeanor.

(6) Any person who, in violation of the Game Law, has in his or her possession any protected bird, or destroys or takes the eggs or nest of any such bird, shall be guilty of a Class V misdemeanor.

(7) The provisions of this section shall not render it unlawful for anyone operating a captive wildlife facility or an aquaculture facility, pursuant to the laws of this state, to at any time kill game or fish actually raised thereon or lawfully placed thereon by such person.

(8) A person holding a special permit pursuant to the Game Law for the taking of any game or any birds not included in the definition of game shall not be liable under this section while acting under the authority of such permit.

(9) In addition to the penalties provided in subsections (1), (3), and (4) of this section, any person convicted pursuant to subsection (1) or (3) of this section shall be fined at least one hundred dollars and any person convicted pursuant to subsection (4) of this section shall be fined at least fifty dollars.

Source:

Laws 1929, c. 112, III, § 9, p. 419

C.S.1929, § 37-309

Laws 1937, c. 89, § 10, p. 295

Laws 1941, c. 72, § 4, p. 302

C.S.Supp.,1941, § 37-309

Laws 1943, c. 94, § 8, p. 327

R.S.1943, § 37-308

Laws 1947, c. 134, § 1, p. 377

Laws 1949, c. 104, § 1, p. 283

Laws 1953, c. 123, § 3, p. 387

Laws 1957, c. 139, § 10, p. 469

Laws 1975, LB 142, § 3

Laws 1977, LB 40, § 182

Laws 1981, LB 72, § 16

Laws 1989, LB 34, § 18

Laws 1997, LB 107, § 4

R.S.Supp.,1997, § 37-308

Laws 1998, LB 922, § 224

Laws 1999, LB 176, § 67

Annotations:

Penalty is prescribed for illegal possession of game birds. State v. Allen, 159 Neb. 314, 66 N.W.2d 830 (1954).

~Reissue Revised Statutes of Nebraska