163 Neb. Admin. Code, ch. 4, § 001 - General Regulations Governing Wildlife Species
The following regulations are prescribed by the Game and Parks Commission, State of Nebraska in accordance with Neb. Rev. Stat. §§ 37-301 through 37-316, 37-353, 37-401, 37-403 through 37-406, 37411, 37-412, 37-413, 37-414, 37-418, 37-426 through 37-429, 37-447 through 37-453, 37-457, 37-455 through 37-461, 37-463, 37-464, 37477 through 37-479, 37-482.01, 37-497, 37-498, 37-501 through 37503, 37-508, 37-509, 37-512, 37-514, 37-520, 37-525, 37-527, 37529, 37-532, 37-534, 37-537, 37-540, 37-547, 37-560, 37-563, 37701, 37-708, 37-802 through 37-811. For purposes of these regulations, unless context otherwise requires, the definitions found in Chapter 37, sections 202 through 247 of the Game Law, are used.
001.01
Antelope, Deer, Elk, Mountain Lion, Mountain Sheep, Turkey
001.01A
Applications
001.01A1 Except for those permits issued by lottery and auction (014, 037 and 003.04), application periods shall be established by the Commission for persons applying for antelope, deer, elk or turkey permits. All applications for the initial period must be received in the designated Commission offices by the terminal day and time of the identified application period.
001.01A2
Big Game/Limited Landowner/Special Landowner Season Permits
Persons applying for a big game permit or a limited landowner permit for big game shall provide the following information to the Commission: full name, mailing address, date of birth, gender, height, weight, colors of hair and eyes, daytime phone number, and last four digits of social security number. Persons shall indicate the type of permit for which the application is made including weapon type and/or unit choice(s). A preference or a bonus point application shall include the species for which the point should be applied.
Persons shall provide, in the case of credit card payment, credit card number, card expiration date, verification number, and zip code of the credit card billing location.
Application forms are available from the Commission and electronic applications are available at the Commission's website.
001.01A2a Additionally, persons applying for a limited landowner permit to hunt deer, antelope or turkey shall list the legal descriptions or beginning January 2023 parcel identification numbers of the qualifying farm or ranch land and identify the ownership status of lands used to establish them as a qualifying landowner/leaseholder or immediate family of a qualifying landowner/leaseholder. The limited landowner applicant shall also attest that they are either the qualifying landowner/leaseholder or immediate family of a qualifying landowner/leaseholder. If qualifying as the immediate family of a qualifying landowner/leaseholder the name of the qualifying landowner/leaseholder and relationship shall also be provided.
001.01A2a(1) Additionally, Special Landowner Deer Season applications must include the names of immediate family that are designated to hunt on a form provided by the Commission.
001.01A2b Additionally, all persons applying for a limited landowner elk permit shall provide the name of the owner or owners as listed on the title or deed for the qualifying property. Persons qualifying under an agricultural lease agreement must provide the name, address and phone number of the owner of the qualifying property, the agricultural purpose, and the dates and duration of the lease. Persons qualifying as immediate family of an owner must provide the name, relationship, address, and phone number of the owner. Persons qualifying as immediate family of a leaseholder must provide the name, relationship, address and phone number of the leaseholder; the name, address and phone number of the owner, the agricultural purpose of the lease, and the dates and duration of the lease. Information provided by the applicant shall be on a form provided by the Commission.
001.01A3
Preference
001.01A3a Any eligible resident who properly applies for and is denied a landowner antelope or nonlandowner antelope or a landowner bull elk permit or a non-resident who properly applies for and is denied an archery antelope permit during the first application period shall receive a preference point, and one point shall be allowed for each year he or she is unsuccessful in the drawing or for each preference point purchased. Any eligible non-resident who properly applies for and is denied a landowner antelope permit or a landowner bull elk permit during the first application period shall receive .9 of a preference point, and .9 of a point shall be allowed for each year he or she is unsuccessful in the drawing or for each preference point purchased. Such preference points shall be used to determine priority in the permit drawing, with persons having the most points receiving the greatest priority. If multiple applicants (up to six) submit a joint application, priority will be given based on the lower number of points possessed by any of the applicants. Persons who indicate a second choice for an antelope unit, and have points exceeding persons who indicate that unit for a first choice, shall have priority. Any person who is issued a Landowner bull elk or a firearm or muzzleloader buck or either sex antelope permit shall lose all preference points for that species permit.
001.01A3b Any person who properly applies for and is denied a draw unit deer permit during the first application period shall receive one preference point, and one point shall be awarded for each year the applicant is unsuccessful in the drawing or for each preference point purchased. Such preference points shall be used to determine priority in the permit drawing, with persons having the most points receiving the greatest priority. If multiple applicants (up to six) submit a joint application, priority will be given based on the lower number of points possessed by any of the applicants. Any person who is issued a draw unit deer permit shall lose all preference points. Regardless of preference points accrued, residents shall have preference over non-residents except for permits included in a non-resident permit quota.
001.01A3c Any eligible resident who properly applies for and is denied a non-landowner bull elk permit during the first application period shall receive a bonus point, and one point shall be allowed for each subsequent year he or she is unsuccessful in the drawing or for each bonus point purchased. Such bonus points shall be used to determine the number of chances applicants have in the permit drawing, with each bonus point adding an additional entry in the drawing. If multiple applicants (up to six) submit a joint application, the number of drawing entries will be based on the lower number of bonus points possessed by any of the applicants. Any person who is issued a non-landowner bull elk permit shall lose all bonus points for that permit.
001.01B It shall be unlawful:
001.01B1 to apply for, obtain, or possess more than one permit for antelope or elk or two permits which allow taking of antlered deer (includes specification of deer of either sex), in any calendar year, or to apply for a permit unless eligible, or prior to the time of eligibility; to apply for more than one permit or one preference point or one bonus point per species in a draw application period per calendar year. Limitations on numbers of permits per individual shall not apply to special depredation control season permits, auction or lottery permits (003.04), and obtaining of such control season permits shall not affect eligibility for succeeding permits.
001.01B2 to take antelope, deer or mountain lion with a rifle smaller than 22 caliber or a rifle which delivers less than 900 foot-pounds of bullet energy at 100 yards except that a .357 magnum rifle or a .45 Colt rifle are legal, a muzzleloading rifle of less than 44 caliber, a muzzleloading musket other than a 62 caliber or larger firing a single slug, a shotgun other than a 20 gauge or larger firing a single slug; to take elk with a handgun or to take antelope, deer or mountain lion with any handgun or a muzzleloading handgun which delivers less than 400 foot-pounds of bullet energy at 50 yards; to take elk or mountain sheep with a rifle smaller than 25 caliber, or which delivers less than 1700 foot-pounds of bullet energy at 100 yards, or with a muzzleloading rifle of less than 45 caliber; to use any firearm capable of fully automatic fire, or semi-automatic firearm capable of holding more than 6 cartridges; to take antelope, deer, elk, mountain lion, or mountain sheep with a full metal jacket or incendiary bullet; or to take turkeys with a rifle or while possessing or using shotgun shells containing shot larger than size 2 - or containing a single slug; to take antelope, deer, elk, mountain lion, mountain sheep, or turkey with a crossbow which has a draw weight of less than 125 pounds, with an electronically loaded, cocked, or fired crossbow, or with a crossbow not designed to be fired from the shoulder; to take mountain lion with archery equipment other than a longbow, recurve bow, compound bow, or crossbow; to take antelope, deer, elk, mountain sheep or turkey with archery equipment other than a longbow, recurve bow, compound bow, crossbow, or with a spear other than a hand thrown spear; or to hunt antelope, mountain lion, deer, elk, mountain sheep, or turkey with any arrow or spear containing poison or stupefying chemical, or with an arrow or spear that has an explosive tip, or with an arrow or spear with other than a sharpened hunting head with a blade of at least 7/16 inch radius from the center of the arrow or spear shaft, except that turkeys may also be hunted with a blunt (bludgeon) head with a diameter of at least 9/16 inch.
001.01B3 while hunting game animals and game birds to have attached to any air gun, firearm, crossbow, or bow any device capable of utilizing electricity to amplify natural ambient light or to project a visible light beam or image to a target. This restriction allows red dot and illuminated reticle sights and scopes, any sight that uses natural light or other light source to make the sight illuminated or enhance the sight's visibility but prohibits the possession of night vision scopes (both light amplification types and projected light types such as infrared) and all other sights that project a visible light beam to the target.
001.01B4 during the November firearm deer season to hunt wildlife other than deer, elk, or antelope with a centerfire rifle or deer and antelope with a centerfire handgun, except that this shall not apply to a holder of a valid unfilled firearm deer, elk, or antelope permit while hunting in the unit for which the permit was issued or to a bona fide farmer or rancher who owns, or leases, or resides upon such farm or ranch land, or a member of the immediate family of such farmer or rancher while hunting on such farm or ranch land.
001.01B5 to take any big game animals or turkey 1) whenever take is restricted to archery methods while in possession of a firearm or 2) whenever take is restricted to muzzleloader equipment, to possess any breech loading firearm. Nothing in this section shall prohibit the lawful carry of a handgun with a barrel length not to exceed five (5) inches or the lawful carry of any firearm within the enclosed portion of a vehicle. The take or attempted take of any wildlife with the aid of said handgun other than the immediate protection of human life is prohibited.
001.01B6 to chase, run, or harass any antelope, deer, elk, mountain lion, or mountain sheep with any motor vehicle or to shoot, shoot at, or take any antelope, deer, elk, mountain lion, or mountain sheep from a motor vehicle while the vehicle is underway or moving.
001.01B7 to take antelope, deer, elk, mountain lion, mountain sheep, or turkey in any area other than the management unit or season choice area for which the permit is issued.
001.01B8 to take any turkey which is perched in a tree, prior to sunrise; or to use any live decoy or electronic call in attempting to take turkeys; or to take or attempt to take elk with electronic calls.
001.01B9 to hunt any big game (sheep, elk, mountain lion, deer, or pronghorn) or turkey within 200 yards of a baited area, or for anyone to create a baited area described above on lands owned or controlled by Nebraska Game and Parks Commission at any time. A baited area is defined as any location where grains, fruits, vegetables, nuts, hay, minerals (including salt), or any other natural food materials, commercial products containing food materials, or by-products of such materials that may attract big game animals or turkey. This shall prohibit the hunter or game from being within a 200 yard radius of any baited area at the time of take or attempted take; these restrictions shall only apply to property included in the same ownership, control or lease of such baited area. An area shall be considered baited for ten (10) days following the complete removal of all such bait. The Commission may, by special authorization, allow take otherwise prohibited by this regulation.
The use of scents alone, normal environmental conditions, standard farming and ranching practices, forest management, wildlife food plantings, orchard management, or similar land management activities do not constitute a baited area.
001.01B10 except as provided in 001.01D, (1) to fail to punch or notch the permit or bonus tag indicating date of kill and sex immediately after killing (punching/notching the permit or bonus tag automatically cancels the permit or bonus tag); (2) to fail to retain the canceled permit or bonus tag on the person of the hunter while in possession of any antelope, deer, elk, mountain lion, or mountain sheep prior to successfully completing the check station process as described in 001.01B13, 001.01B14 and 037.08; (3) to fail to attach permit or bonus tag securely to a turkey immediately after the kill; (4) to fail to leave the canceled permit or bonus tag attached to the antelope, deer, elk, mountain lion, or mountain sheep carcass; (5) to transport or possess any antelope, deer, elk, mountain lion, mountain sheep or turkey taken under authority of a permit or bonus tag unless the permit or bonus tag has been punched/notched as required and accompanies the animal as required.
001.01B11 to separate an antelope, elk, or deer carcass into smaller than quarters before successfully completing the check station process as described in 001.01B13 and 001.01B14; if delivering a carcass to a check station, the head must accompany the carcass. Quarters shall mean four (4) legs with femur or scapula naturally attached and loins. Permit and check station seal number or check station verification number must be retained when transporting the carcass or a portion thereof to a point of permanent storage or processing.
001.01B12 to possess any turkey unless the legs, thighs, and breast remain together until the bird is consumed or the bird arrives at the permanent abode of the possessor. The breast meat may be removed from the bone but must remain as two entire halves. Birds taken in the spring must have proof of sex consisting of 1) the legs with spurs naturally attached; 2) the beard naturally attached to the breast; or 3) the detached beard with at least ¼-inch of skin remaining at the attachment site and kept together with the leg, thighs, and breast. It shall be unlawful to separate the turkey breasts or legs from the carcass prior to completing the check station process described in 001.01B14.
001.01B13 for the permittee to fail or neglect to deliver any deer harvested during November firearm deer season (Nebraska Game and Parks Commission Order C03, Section C03.05A) to a sealing and checking station or complete the check station process as described in 001.01B14 prior to 1:00 p.m. of the day following the close of the season; for the permittee to fail or neglect to successfully complete the check station process as described in 001.01B14 within 48 hours of the time of harvest for deer taken outside of the November Firearm deer season (Nebraska Game and Parks Commission Order C03, Section C03.05A).; Except as provided in 001.01D1a, for the permittee to fail or neglect to complete the check station process for antelope, deer, turkey or elk before the carcass leaves the state of Nebraska, for the permittee to fail or neglect to successfully complete the check station process as described in 001.01B14 for any antelope, elk, or turkey harvested within 48 hours of harvesting said animal but not later than 1:00 p.m. on the day following the close of any portion of the season. However, the Director may, in the interest of public health, determine that physical check stations are not prudent during the November firearm deer season (Nebraska Game and Parks Commission Order C03, Section C03.05A).
For each such season that the Director has determined it is not prudent to offer physical check stations, it shall be illegal for the permittee to fail or neglect to successfully complete the check station process as described in 001.01B14 within 48 hours of the time of harvest but not later than 1:00 p.m. on the day following the close of any portion of the season.
001.01B14 for the permittee to fail or neglect to record the seal number as provided by the check station on the permit for any eligible turkey, antelope, elk, or deer checked utilizing either telephone or Internet check stations or for the permittee to provide any false information on any of the required check data when checking their harvest. Deer taken under the authority of a valid permit outside the November firearm deer season (Nebraska Game and Parks Commission Order C03, Section C03.05A), and any antelope taken under the authority of a valid antelope permit (Nebraska Game and Parks Commission Order C03), any elk taken under the authority of a valid elk permit (Nebraska Game and Parks Commission Order C03), any elk taken under the authority of a valid elk permit (Nebraska Game and Parks Commission Order C03), and effective February 1, 2023 any turkey taken under the authority of a valid turkey permit (Nebraska Game and Parks Commission Order C02) must be successfully checked through an authorized Commission telephone or Internet check station. Deer taken under the authority of a valid permit during the November firearm deer season (Nebraska Game and Parks Commission Order C03, Section C03.05A), may be successfully checked through an authorized Commission telephone or internet check station.
001.01B15 for any person other than the successful permittee to possess any antelope, deer, elk, mountain lion, mountain sheep, turkey, or portion thereof, except under conditions set forth in 001.02A13.
001.01B16 for a farmer or rancher hunting under the provisions of section 37-403 to refuse to provide to a Conservation Officer, upon request, a signed statement stating that he or she is a bona fide farmer or rancher of the land upon which he or she is hunting.
001.01C As provided in 37-527, archers hunting antelope, deer, elk, or mountain sheep shall be exempt from wearing hunter orange during the firearm seasons for antelope, elk or mountain sheep.
001.01D
Permits Issued for Use on Mobile Electronic Devices
001.01D1
Turkey Permits
001.01D1a
Cancellation/Checking: Beginning March 25, 2023 it shall be unlawful to fail to electronically cancel and complete the check-in process on a mobile permit immediately after the harvest of the turkey.
001.01D1b
Possession: A turkey harvested under the authority of a mobile permit must be accompanied by the hunter with a mobile device upon which the cancelled permit can be displayed until such time as the turkey arrives at the personal abode of the hunter or a commercial preservation facility. The turkey may be left unaccompanied by the hunter only if a document bearing the hunter's name, permit number, and time and date of permit cancellation (or time and date of kill if cancellation has not yet occurred under condition specified in 001.01D1a) is kept with the carcass. Other persons may take possession of the carcass only under conditions specified in 001.02A13.
001.02
Game Birds and Game Animals
001.02A It shall be unlawful to:
001.02A1 hunt migratory waterfowl without possessing a valid small game hunting permit, a habitat stamp, a Nebraska migratory waterfowl stamp, and a Federal migratory bird hunting stamp, provided the requirements for the Nebraska migratory waterfowl stamp shall begin January 1, 2006. This applies to any resident 16 years of age or older and all non-residents regardless of age.
001.02A2 take in one day, more than the lawful daily bag limit.
001.02A3 use recorded or amplified calls or sounds, or recorded or amplified imitations of calls or sounds when hunting game birds with the exception listed in 001.02A3a.
001.02A3a The use of recorded or amplified calls or sounds or recorded or amplified imitations of calls or sounds is allowed for the hunting of light geese when all other migratory game bird hunting seasons are closed, provided such use is approved by the Director of the United States Fish and Wildlife Service or an authorized representative under 50 Code of Federal Regulations (CFR) Part 20, Subpart C, Section 20.21(g).
001.02A4 hunt any dove, snipe, rail, woodcock, coot, duck, or goose with a shotgun capable of holding more than three (3) shells in the magazine and chamber combined, unless it is plugged with a one piece filler incapable of removal without disassembling the shotgun with the exception listed in 001.02A4a.
001.02A4a During a light goose season when all other migratory game bird seasons are closed, light geese may be hunted with a shotgun capable of holding more than three (3) shells provided such use is approved by the Director of the United States Fish and Wildlife Service or an authorized representative under 50 Code of Federal Regulations (CFR) Part 20, Subpart C, Section 20.21(g).
001.02A5 use live decoys when hunting waterfowl.
001.02A6 hunt migratory species with a crossbow.
001.02A7 take any migratory species on, or over a baited area or by the use or aid of a baited area.
001.02A8 possess any wounded or live game bird or game animal taken by authority of a hunting permit.
001.02A9 possess rail, snipe, woodcock, coot, or any species of duck or goose unless the head with plumage intact or one fully feathered wing remains attached to the carcass for species identification until such time as birds arrive at the personal abode of the possessor or commercial preservation facility.
001.02A10 possess greater than a possession limit of game birds or game animals taken by authority of a small game hunting permit.
001.02A11 shoot at quail other than when such bird is in flight.
001.02A12 possess pheasants or grouse unless one leg or head remains attached to the carcass, until such time as the birds arrive at the personal abode of the possessor or commercial preservation facility.
001.02A13 give, put, leave, or retain the whole carcass or meat or flesh of any game birds or game animals at any place or in the custody of another person, cold storage, or processing facility except as specified in 001.14 and unless the game birds or game animals are tagged with the following information:
(1) Name;
(2) Phone number;
(3) Permit number or seal number (if deer, antelope, elk, mountain lion, or mountain sheep);
(4) Estimated pounds of meat for deer, antelope, elk, mountain lion, and mountain sheep;
(5) Species of game birds or game animals and total number of each; and, if transferred by gift;
(6) Signature of donor and name of recipient and date of transfer.
001.02B
Dog Training/Trials
For purposes of this section, sporting dog trials shall be as defined in 37-412.
For purposes of this section, dog training shall mean the use of dogs in a non-competitive process solely intended to enhance the hunting skills of dogs and shall not apply to dog trials as defined in 37-412 or to activities associated with or requiring a Controlled Shooting Area Permit (Section 015). Landowners, their lessees or guests may allow for or participate in the release and/or pursuit of pen-reared birds for dog training purposes on private land, only according to the provisions of this subsection. If any service relating to procurement, sale or release of birds is provided by the landowner or lessee to bird harvesters, the landowner or lessee must qualify for and obtain a Commission-authorized Game Breeding and Controlled Shooting Area permit (015) for the lands to be used for dog training. The requirement to obtain a Game Breeding and Controlled Shooting Area permit shall not apply to persons conducting Commission-authorized field trials, youth-mentored hunts, or persons who have received designation as a "Private Dog Training Area" prior to November 12, 2004.
001.02B1
Dog Training
001.02B1a All game birds purchased and released for training purposes must be obtained from a Captive Wildlife Permit holder, a Game Breeding and Controlled Shooting Area Permit holder or licensed non-resident breeder; must be banded by the sponsor or trainer with official bands authorized by the Game and Parks Commission and any person who purchases game birds from the holder of a Captive Wildlife Permit, Game Breeding and Controlled Shooting Area Permit holder or licensed non-resident breeder shall have in his or her possession a sales tag from the Captive Wildlife Permit holder or sales receipt from the licensed nonresident permit holder listing the date, species and number of birds purchased. Sales tag or sales receipt must be returned to the Game and Parks Commission after the fourteen (14) day time frame (001.02B2).
001.02B1b All game birds purchased and released for dog training purposes, but not taken during the training session, shall be considered wild birds and subject to the rules and regulations covering taking of the same upon completion of the training session, provided that holders of a Captive Wildlife Permit or a Game Breeding and Controlled Shooting Area Permit may recapture birds.
001.02B1c Only pen-raised pheasants (hens only), quail, partridge, mallards, and pigeons may be purchased and released for dog training purposes.
001.02B1c(1) Limits for the harvest of game birds per dog during any training session are:
Hen Pheasants: Two (2)
Quail: Five (5)
Partridge: Unlimited
Mallards: Unlimited
001.02B1d A training session shall be confined to one day, defined as sunrise to sunset.
001.02B2 Game birds obtained under authority of this section may be kept in captivity without a Captive Wildlife Permit or a Game Breeding and Controlled Shooting Area Permit for a period not to exceed fourteen (14) days following date of purchase of those birds.
001.02C
Dog Trials
001.02C1 Application for approval of Sporting Dog Trials shall be made in writing on forms provided by the Game and Parks Commission, and shall provide information as specified by the Commission.
001.02C2 All game birds purchased and released for field trials must be obtained from a Captive Wildlife Permit holder, a Game Breeding and Controlled Shooting Area Permit holder or licensed non-resident breeder; must be banded by the sponsor or trainer with official bands authorized by the Game and Parks Commission; and any person who purchases game birds from the holder of a Captive Wildlife Permit, a Game Breeding and Controlled Shooting Area Permit holder or licensed non-resident breeder shall have in his or her possession a sales tag from a Captive Wildlife Permit holder, a Game Breeding and Controlled Shooting Area Permit holder or sales receipt from the licensed non-resident permit holder listing the date, species and number of birds purchased. Sales tag or sales receipt must be returned to the Game and Parks Commission after thirty (30) days (001.02C3).
001.02C3 Persons holding a valid Sporting Dog Trial authorization may hold pen-raised birds for a period not to exceed fourteen (14) days beyond the date of purchase of those birds.
001.02C4 Trials may be authorized by the Commission on any lands in the state, providing permission from the landowner is obtained.
001.02C5 Trials conducted on Commission administered lands shall be further subject to the other state regulations or requirements pertaining to those lands.
001.02C6 Authorization for trials may be revoked by the Commission at any time upon violation of these regulations, violation of game laws, or other just cause.
001.03
Fur Harvesting
001.03A It shall be unlawful:
001.03A1 to trap fur-bearing animals unless the traps are checked and the animals removed at least once every calendar day, except for metal spring traps and snares affixed to one way slide wire submersion sets, underwater snare sets which remain completely under water when fully extended and underwater box or body-gripping trap sets require traps to be checked and animals removed at least once every 2 calendar days.
001.03A2 to trap or take any fur-bearing animal with any device other than a snare, or a metal spring trap with smooth jaws, or a box trap under the authority of a fur harvesting permit, except raccoon, red fox, gray fox, bobcat, badger, long-tailed weasel, striped skunk, mink, and opossum may also be taken with a firearm or bow, and beavers, beaver dens, muskrats and other furbearers authorized for take by a damage control permit may be destroyed in any other legal manner authorized by that permit.
001.03A3 to possess any live fur-bearing animal taken by authority of a fur harvesting permit.
001.03A4 in order to protect nongame birds as provided in section 37-805, for any person to place or maintain steel foot hold traps within 30 feet of sight exposed bait on any dryland set, provided that USDA-APHIS-Wildlife Services personnel are allowed to place or maintain traps within 30 feet of sight exposed bait when trapping for mountain lions. Sight exposed bait shall mean and include any bait composed of fish, animal flesh, fur, hide, entrails or feathers placed in plain view. A dryland set is defined as any set where traps or snares are not placed in or under water.
001.03A5 to set a body-gripping trap with jaw spread larger than five (5) inches, except when placed under water or at least six (6) feet above ground on any land owned or controlled by the Commission, including lands controlled for public access (018.14), land owned or controlled by the U.S. Army Corps of Engineers at Harlan County Reservoir, Waterfowl Production Area lands owned or controlled by the U.S. Fish and Wildlife Service, and lands owned or controlled by the U.S. Forest Service.
001.03A6 to trap on any land in this state with a bodygripping trap with a jaw spread exceeding 8 inches unless such trap is placed completely under water, or at least 6 feet above ground.
001.03A7 to pursue or run raccoon or opossum for two (2) weeks prior to the taking seasons; provided that organized coonhound clubs may conduct United Kennel Club or American Coonhound Association Licensed or Sanctioned Field Trials during this period when approved by written authorization from the Commission, and with the understanding that no raccoons or other wildlife shall be killed or taken.
001.03A8 to trap on any dry land portion of Branched Oak Wildlife Management Area or Yankee Hill Wildlife Management Area prior to December 15 of each calendar year, with any trap other than a dog-proof trap where the triggering mechanism is enclosed within a housing, the triggering mechanism is recessed 1 ¼ inches or more and only accessible through a single opening not exceeding 2 inches in diameter when set and the trap has a swivelmounted anchoring system.
001.03A9 to set a snare trap during any upland game bird season on any land owned or controlled by the Commission, including lands controlled for public access (018.14), land owned or controlled by the U.S. Army Corps of Engineers at Harlan County Reservoir, or Waterfowl Production Area lands owned or controlled by the U.S. Fish and Wildlife Service, unless the snare is set completely under water.
001.03A10 for buyers to purchase furs unless complete records are kept on all furs bought or sold. The information required to be kept by the buyer shall be in accord with section 37-463. A current record of this information must be immediately available upon demand by a conservation officer. Record books are available from the Commission.
001.03A11 for any person who has taken a bobcat (Lynx rufus) in Nebraska to fail or neglect to have the pelt of said bobcat registered and officially tagged by the Commission within two business days after the close of the bobcat harvest season and before the sale of said bobcat.
001.03A12 to set any trap for fur-bearing animals or coyotes unless such trap has the following information stamped or inscribed legibly onto the trap or onto a metal tag that is securely affixed to the trap:
(1) the owner's or user's valid motor vehicle operator license number, or
(2) the owner's or user's Nebraska state identification card number applied for at motor vehicle operator license examiner's offices. Individuals under 16 years of age may use the motor vehicle operator license number or Nebraska state identification card number of a parent or guardian.
001.03A13 for any person who has taken a gray fox (Urocyon cinereoargenteus) in Nebraska to fail or neglect to have the pelt of said gray fox registered and officially tagged by the Commission within two business days after the close of the gray fox harvest season and before the sale of said gray fox.
001.03A14 for any person to possess or sell any furbearer listed in 37-559 without a valid fur harvesting permit.
001.04
Nongame Species in Need of Conservation
001.04A It shall be unlawful:
001.04A1 to chase, run or harass any nongame species in need of conservation with any motor vehicle or any other motor driven conveyance, or to take such nongame species from a motor vehicle or motor driven conveyance while the vehicle or conveyance is underway or moving.
001.04A2 to take any nongame species of mammal in need of conservation with any device or by any means other than a snare, or metal spring trap with smooth jaws, box trap, shotgun, rifle, handgun, longbow, or with other devices or by other means as authorized by Commission regulations.
001.04A3 to possess any live nongame species in need of conservation without written authorization from the Commission as provided in 001.07 and 010.02.
001.04A4 for any person to export, process, transport, ship or receive for shipment any nongame species in need of conservation unless it was legally acquired and is not otherwise prohibited by Nebraska statute or Commission regulation.
001.04A5 to take any nongame species in need of conservation except during the open season, if any, that may be authorized by the Commission or as otherwise provided by State Statutes or by the Commission regulations; provided that any person accidentally trapping any nongame species in need of conservation during a closed season for such animal shall deliver the animal or pelt thereof to a Commission Conservation Officer or if the animal is alive and not disabled it shall be immediately released back to the wild. Failure to deliver such animal or pelt or release it back to the wild shall constitute prima facie evidence of the unlawful possession of such wildlife.
001.04A6 to possess any unmounted or untanned nongame species in need of conservation, except during the open season or as otherwise provided by State Statutes or by Commission regulations.
001.04A7 for any person in any one day to take or to have in possession at any time a greater number of nongame species in need of conservation of any one kind than as fixed by the Commission.
001.05
Use of Aircraft To Shoot Coyotes
001.05A It shall be unlawful:
001.05A1 for any permittee to shoot coyotes from an aircraft on land where there has not been a written landowner request filed with the Commission or with Wildlife Services, U.S. Department of Agriculture in Lincoln. Such written landowner requests for coyote aerial control shall contain the legal description of land, mileage from nearest town, and county where there are problems with coyotes damaging or posing a substantial threat to livestock or other domesticated animals. Forms are available from the Commission for submission of this information.
001.05A2 for any permittee to fail to submit quarterly reports of aerial coyote control activities within 15 days after each calendar quarter. Such quarterly reports shall be dated and shall contain the following information: the dates and county in which hunting occurred, the number of coyotes taken each day of the quarter, the name of the permittee completing the report and the names of any other permittees included in the report. Failure to submit such reports shall constitute automatic revocation of the coyote aerial shooting permit. Report forms are available from the Commission for submission of this information.
001.06
Cold Storage Regulations
001.06A All game birds and game animals delivered to a cold storage facility shall be tagged by the owner of the game in accordance with 001.02A13.
001.06B All cold storage facilities which store or process game shall be required to record for each person leaving game in their custody, the information required in 001.02A13. Record sheets are available from the Commission for this purpose.
001.06C All cold storage records, tags and ledgers shall be open to inspection by any Conservation Officer.
001.07
Scientific and Educational Take Permits
001.07A The Commission may permit the take and collection of wildlife for strictly scientific or educational purposes, to enhance the conservation and survival of the species, or to substantially augment a scientific body of information.
001.07A1 Permits issued in accordance with 001.07A may permit any act otherwise prohibited by Chapter 4 Wildlife Regulations or Chapter 2 Fisheries Regulations provided such permits will be conditioned as to authorized activities, possession, species, numbers, location and methods of take.
001.07A2 Permits shall not be issued to persons other than those capable of demonstrating the requisite education, training, or professional experience, determined by the Commission, as necessary to carry-out, on a case-by-case basis, the scientific or educational activities so permitted.
001.07A3 Application for a permit must be made to the Nebraska Game and Parks Commission and the applicant must provide the following information: applicant name and personal description to include hair and eye colors, height, weight, date of birth, and gender. Other information required includes: the species and number requested to be collected and method of take, general locality and purpose of collection activity, and proposed disposition of specimens. Application forms are available from the Commission for submission of this information.
001.07A4 Permits must be carried by the person when engaged in collection or other permit activities. All persons engaged in permit activities must possess a permit. Sub-permits may be issued by the Nebraska Game and Parks Commission to assistants or associates of master permittees.
001.07A5 It shall be unlawful to take any wildlife under the authority of this permit without notifying the area conservation officer, district Law Enforcement Supervisor or if the officer and supervisor are not available, the Law Enforcement Division headquarters, at least 24 hours in advance.
001.07A6 It shall be unlawful to fail to accurately report all activities conducted under the authority of this permit by February 1 following expiration. This report must be provided to the Commission and shall include the following: species taken, common name and Scientific name, number of species taken, date and location (GPS or legal description) of take, and disposition of specimens (released, in collection, etc.). Forms are available to submit this information from the Commission.
001.07A7 Failure to comply with conditions of the permit or reporting requirements may result in revocation or nonrenewal of the permit as well as possible legal prosecution.
001.07A8 It shall be unlawful to sell, offer for sale, or barter any wildlife taken or held under the authority of this permit.
001.07A9 All species taken or held under the authority of this permit remain the property of the Nebraska Game and Parks Commission. Final disposition of all collected specimens shall be determined by the Commission.
001.08
Private Wildlife Management
001.08A Within the State of Nebraska and in accordance with the laws and regulations of municipalities, persons or their agents may remove wild birds and wild mammals which are causing damage to personal property or have entered a building. Fox squirrels and such wild mammals which are classified as furbearers may be euthanized only by those persons holding a valid Wildlife Damage Control permit (001.08A1) or who are acting under the authority of a municipality; provided the following species shall be protected and are exempt from private wildlife damage control as described in this section: mountain lions, spotted skunks, Canada lynx, bears, wolves, gray fox, swift fox, southern flying squirrel, deer, elk, bighorn sheep, and antelope. Euthanization of non-exempt species must be performed using humane methods, and release of captured animals must be in accordance with 008.08C3. Persons or their agents holding a permit for wildlife abatement in 008.08A3 may flush, haze, or take birds, or other wildlife, that pose a risk to human health or safety.
001.08A1 Persons acting under 001.08A who are conducting wildlife damage control or wildlife abatement for profit must hold a valid Wildlife Damage Control Permit issued by the Nebraska Game and Parks Commission, provided that unprotected nongame wild mammals and wild birds may be removed and humanely euthanized without a Wildlife Damage Control Permit.
001.08A2 When issuing a Wildlife Damage Control Permit, the Nebraska Game and Parks Commission shall prescribe the methods, means, species, numbers, time limits, and locations authorized for control under the permit and shall require the submission of annual reports in a format outlined by the Game and Parks Commission summarizing damage control activities. Furbearers or portions thereof may not be transferred to another person or sold under the authority of this permit.
001.08A3 A Raptor Permit for wildlife abatement shall not be issued until a written application for a permit on forms provided by the Commission is received along with the required fee.
001.08A3a Raptor Permits for wildlife abatement are subject to obtaining and keeping a Federal Abatement Permit from the United States Fish and Wildlife Service.
001.08A3b Copies of all federal abatement reporting forms and records must be supplied to the Commission when they are reported to the United States Fish and Wildlife Service. Renewal of permits will depend on the condition that all reports required to be completed by a permittee have been submitted in accordance with Commission regulations and State Law.
001.08A3c In order to obtain a Raptor Permit for wildlife abatement, the individual must have already obtained and maintained a master class Raptor Permit for falconry (Chapter 4, Section 009).
001.08A3d An unlimited number of captive bred raptors may be possessed under a Raptor Permit for wildlife abatement.
001.08B
Damage Control Program for Deer, Antelope, Elk or other Game Birds
001.08B1 The Commission may authorize any individual(s) recommended by a property owner to destroy deer, antelope, elk or other gamebirds that are damaging the property owner's real or personal property. All authorized individuals and property owners shall comply with the terms of any permit issued, including the methods of take.
001.08B2 A permit may be issued specifying the number of animals that may be removed, methods, location, time, dates (not to exceed 90 days) and the name(s) of person(s) authorized to kill the animals.
001.08B3 Game birds: Permit(s) may be issued under the following circumstances: economic loss, personal property damage, and disease concerns. Methods allowed under this permit may include: baiting, trapping and shooting.
001.08B4 All wildlife taken pursuant to this Part shall be tagged. The Commission shall be notified following the killing of the animal(s) after the expiration date of the permit.
001.08B5 Permits may be denied to persons who did not allow reasonable hunting for the species causing damage.
001.08B6 Permits may be revoked or denied for failure to comply with conditions of the permit (001.08B2).
001.08B7 Commercial use of these permits is not allowed.
001.08B8 Special Depredation Seasons For Deer, Elk, Antelope
001.08B8a The Secretary of the Game and Parks Commission is authorized to establish and implement a special deer, elk or antelope depredation season by order.
001.08B8b The geographic area included in the depredation season may be defined by the Secretary and limited to an area where landowners allow reasonable hunting access for the species causing damage.
001.08B8c Shooting hours shall be from 30 minutes before sunrise to 30 minutes after sunset.
001.08B8d All legal weapons as specified in 001.01B2 shall be in effect for any depredation control season.
001.08B8e Notice of a season shall be issued in a news release and posted on the Commission website.
001.08B8f Special Depredation Season Applications: Persons applying for a special depredation season permit or a special depredation season landowner permit shall provide the following information to the Commission: full name, mailing address, date of birth, gender, height, weight, colors of hair and eyes, daytime phone number, and last four digits of social security number.
Persons shall provide in the case of credit card payment, credit card number, card expiration date, verification number, and zip code of the credit card billing location.
Application forms are available from the Commission and electronic applications are available at the Commission's website.
001.08B8f(1) Additionally, persons applying for a special depredation season landowner permit shall list the legal descriptions of the qualifying farm or ranch land and identify the ownership status of lands used to establish them as a qualifying landowner/leaseholder or immediate family of a qualifying landowner/leaseholder. The landowner applicant shall also attest that they are either the qualifying landowner/leaseholder or immediate family of a qualifying landowner/leaseholder, if qualifying as the immediate family of a qualifying landowner/leaseholder the name of the qualifying landowner/leaseholder and relationship shall also be provided.
001.08B8g Any animal harvested on a special season depredation permit must be checked utilizing either the Commission telephone or internet check stations by 10:00 pm of the day of the harvest.
001.08B8h If a harvest quota is established, all hunters must confirm daily, prior to hunting, if the season is still open by checking to see if the harvest quota has been met by checking the Commission - provided toll-free number or season status website.
001.08B8i Fees for the special depredation permits will be as follows:
|
Permit Name |
Resident |
Non-Resident |
|
Deer |
$10 |
$20 |
|
Deer Landowner |
$5 |
$10 |
|
Antelope |
$10 |
$20 |
|
Antelope Landowner |
$5 |
$10 |
|
Elk |
$20 |
$40 |
|
Elk Landowner |
$5 |
$10 |
001.08B9 Permits may be issued to airport authorities and municipalities to remove or destroy a designated number of animals to mitigate public safety threats provided the condition of 001.08B4 is met.
001.08C Within the jurisdictional boundaries or area of operations of municipalities, airports, military airports, public or private golf courses or residential lakes where there is a direct threat to human health, or where take of Canada goose nests and eggs would resolve or prevent injury to people, property, or other interests, the Commission may issue a Wildlife Damage Control Permit to persons or their agents to take, destroy or relocate Canada geese and/or their nests or eggs. Landowners, homeowner's associations, public land managers, or local governments in the lower 48 states or the District of Columbia may also register for the U.S. Fish and Wildlife Service resident Canada goose nest and egg depredation order to destroy Canada goose eggs and/or nests.
001.08C1 Only those persons, boards, councils, or associations responsible for the overall operation of an area acting under 001.08C may be issued a Wildlife Damage Control Permit for Canada geese.
001.08C2 Persons requesting a Wildlife Damage Control Permit for Canada geese must file a written notice with the Commission designating the number of geese and/or nests to be affected, health or damage concerns, methods previously used for control, activities to be undertaken, and identification of individuals who will conduct Canada goose control activities. The Commission shall prescribe the methods, means, numbers, time limits, and locations authorized for control by the permit and shall require the submission of annual reports to the Commission summarizing damage control activities. Such summary shall approximate the number of geese, eggs, and/or nests controlled, the methods utilized, and the timeframe activities were conducted. Persons registering for the U.S. Fish and Wildlife Service resident Canada goose nest and egg depredation order must register with the U.S. Fish and Wildlife Service.
001.08C3 Only persons listed in a Wildlife Damage Control Permit or those registered for the U.S. Fish and Wildlife Service resident Canada goose nest and egg depredation order may carry out control activities. All persons engaged in permit activities must possess a copy of such permit.
001.08D Nothing in this section shall be construed to authorize the removal and taking of any species which is protected by provisions of 37-801 to 37-811, the Nongame and Endangered Species Conservation Act, the federal Endangered Species Act, as amended, 16 U.S.C. 661 et seq., the federal Bald and Golden Eagle Protection Act, as amended, 16 U.S.C. 668 et seq., the federal Migratory Bird Treaty Act, as amended, 16 U.S.C. 703 et seq., or rules and regulations adopted and promulgated pursuant to such provision, or any other federal or state law or regulation which has as its purpose the protection of endangered or threatened species.
001.08E Nothing in this section shall be construed to authorize the use of removal techniques otherwise prohibited by federal, county, or municipal law.
001.09
National Wildlife Refuges
001.09A Vehicle entrance and travel will be permitted only on designated, well defined trails. No vehicle travel is permitted beyond posted points, or off designated trails in the hills or meadows.
001.09B No overnight camping is permitted.
001.09C No open fires are permitted.
001.09D Valentine National Wildlife Refuge
001.09D1 The public hunting of pheasants, doves and grouse shall be permitted unless otherwise posted as closed to hunting. The open area shall include 70,085 acres or 98 percent of the Refuge. Hunting shall be in accordance with all applicable state regulations.
001.09D2 Duck hunting is permitted in accord with state regulations on Duck, Rice and Watts lakes.
001.09D3 Deer hunting is permitted in accordance with applicable state regulations, only on areas designated by signs as open to hunting.
001.09D4 For trapping or hunting of predators and furbearing animals, consult refuge manager.
001.09E
Crescent Lake National Wildlife Refuge
001.09E1 Sport hunting is permitted only on areas designated by signs as being open to hunting. These areas comprising approximately 40,900 acres, are delineated on maps available at refuge headquarters. Sport hunting shall be in accordance with all applicable state regulations.
001.09F
DeSoto National Wildlife Refuge
001.09F1 Reciprocal agreement with Iowa involving DeSoto National Wildlife Refuge: pursuant to section 37-315, persons who obtain Iowa hunting permits valid within DeSoto National Wildlife Refuge shall be permitted to hunt in the Nebraska portion of the DeSoto National Wildlife Refuge, under regulations specific to DeSoto National Wildlife Refuge.
001.10
Administration of the Harvest Information Program
001.10A All residents 16 and over and non-residents who hunt migratory game birds shall register annually with the Commission prior to hunting migratory game birds, additionally residents under 16 years of age that select and participate in the second tier of the two tier duck hunting program shall register annually with the Commission prior to hunting migratory game birds.
001.10B Each hunter shall register by stating his or her intent to hunt migratory game birds and by providing his or her name, address, date of birth and gender. Each hunter shall provide an estimate of his or her harvest, if any, of migratory game birds for the previous year.
001.10C Persons who register shall be provided with a registration number and shall possess this number while hunting migratory game birds. The registration number shall be recorded on the hunting permit or on another item carried by the hunter.
001.10D The registration number shall be shown immediately upon demand to any officer or person whose duty it is to enforce the Game Law. Any person hunting migratory game birds in the state without such registration number on or about his or her person shall be deemed to be without such registration number.
001.10E
Registration numbers
001.10E1 Registration numbers issued January 1 through June 30 shall be valid through June 30 of the year issued.
001.10E2 Registration numbers issued July 1 through December 31 shall be valid through June 30 of the following year.
001.11
Taking of Wildlife by Commission Employees
All conservation officers, all wildlife managers employed by the Commission, and all other staff designated by the Commission or Commission Secretary shall be authorized to take any wildlife from the wild that has escaped captivity, is damaging agricultural crops, is suspected of being diseased or is creating a risk of disease exposure to other wildlife, is needed for scientific study, is seriously injured and in need of euthanization, or is creating serious ecological threats to other wildlife or wildlife habitats. Taking of wildlife which does not pose an immediate threat but is considered dangerous to human or livestock health, or taking wildlife for any other purposes under the authority of 37-353, must be specifically authorized on a case-by-case basis by the Secretary of the Commission.
001.11A The taking of wildlife under this authority shall be documented as to purpose of taking, location, date, identification of person taking, and wildlife species. Such documentation shall be retained by the Commission for a period of no less than one year from the date of taking.
001.12
Novice Hunter Education Programs
001.12A Special events permitted by the Commission for novice hunter education programs may be held on private land for upland game birds between September 1 and April 15 of each year.
001.12A1 All participants in any novice hunter education event shall have successfully completed a recognized hunter education course and be properly licensed according to the laws of the State of Nebraska.
001.12A2 All novice hunter education events shall be organized by a conservation organization or the Commission.
001.12A3 The organizing entity for each novice hunter education event shall apply for a permit from the Commission. The application shall state the species to be harvested, sponsoring organization, contact person for the event, number of participants, source and number of birds obtained from a licensed non-resident breeder, a Game Breeding and Controlled Shooting Area Permit holder or Captive Wildlife Permit holder, and requested dates. Application forms are available to submit such information to the Commission.
001.12A4 The organizing entity for each novice hunter education event shall provide, with their permit request, the rules proposed for governing the hunt.
001.12B Organizations sponsoring novice hunter education events shall provide birds obtained from a licensed nonresident breeder, a Game Breeding and Controlled Shooting Area Permit holder or Captive Wildlife Permit holder, shall mark them with bands approved by the Commission, and shall retain receipts/sales tags in their possession. The Commission may waive the banding requirement if birds are obtained from Commission sources.
001.12C All birds taken during permitted novice hunter education events shall be accompanied by custody tags.
001.13
Validation of Stamps
To be valid, a Habitat Stamp and/or Nebraska Migratory Waterfowl Stamp must be signed across the face in ink by the holder, provided that this shall not apply to stamps printed electronically or included as part of a fee-exempt permit.
001.14
Hunters Helping the Hungry Program
001.14A
Participation of Deer Meat Processors
001.14A1
Qualifications
Meat processors may participate in the Hunters Helping the Hungry Program provided that:
001.14A1a they are a custom exempt processor inspected by the United States Department of Agriculture or the Nebraska Department of Agriculture.
001.14A1b they have successfully applied to participate using a form provided by the Nebraska Game and Parks Commission.
001.14A1c they have signed a contract with the Commission detailing the terms of their participation.
Meat processors may be disqualified from future participation if they or their employees fail to comply with the terms of their contracts or the statutes, rules, and regulations governing the Hunters Helping the Hungry Program or other provisions of the Game Law related to the possession, sale, or transportation of wildlife meat, parts, or products.
001.14A2
Recordkeeping
001.14A2a For each donated deer, meat processors shall record the date of donation; the donating hunter's name, phone number, and signature; the deer permit number; and the seal number the hunter received when checking the deer as described in 001.01B13 and 001.01B14, on forms provided by the Commission. Once the deer carcass has been accepted by the processor and the above information recorded, the carcass becomes the property of the Hunters Helping the Hungry Program.
001.14A2b Participating processors may only transfer donated meat to recipients designated by the Commission. When processed meat is transferred to a recipient, meat processors shall record the date of transfer; the recipient's name, phone number, and signature; and the number of pounds of meat transferred on forms provided by the Commission.
001.14A2c It shall be unlawful to make any false report or misrepresentation on the forms provided by the Commission.
001.14A3
Reimbursement
Provided the participating processor provides accurate and timely recording of deer received and donated, they may be reimbursed for processing costs of each deer at a rate determined by the Commission. Reimbursement shall be based on completed forms specified in 001.14A2a provided by the processor to the Commission.
Notes
State regulations are updated quarterly; we currently have two versions available. Below is a comparison between our most recent version and the prior quarterly release. More comparison features will be added as we have more versions to compare.
The following regulations are prescribed by the Game and Parks Commission, State of Nebraska in accordance with Neb. Rev. Stat. §§ 37-301 through 37-316, 37-353, 37-401, 37-403 through 37-406, 37411, 37-412, 37-413, 37-414, 37-418, 37-426 through 37-429, 37-447 through 37-453, 37-457, 37-455 through 37-461, 37-463, 37-464, 37477 through 37-479, 37-482.01, 37-497, 37-498, 37-501 through 37503, 37-508, 37-509, 37-512, 37-514, 37-520, 37-525, 37-527, 37529, 37-532, 37-534, 37-537, 37-540, 37-547, 37-560, 37-563, 37701, 37-708, 37-802 through 37-811. For purposes of these regulations, unless context otherwise requires, the definitions found in Chapter 37, sections 202 through 247 of the Game Law, are used.
001.01 Antelope, Deer, Elk, Mountain Lion, Mountain Sheep, Turkey
001.01A Applications
001.01A1 Except for those permits issued by lottery and auction (014, 037 and 003.04), application periods shall be established by the Commission for persons applying for antelope, deer, elk or turkey permits. All applications for the initial period must be received in the designated Commission offices by the terminal day and time of the identified application period.
001.01A2 Big Game/Limited Landowner/Special Landowner Season Permits
Persons applying for a big game permit or a limited landowner permit for big game shall provide the following information to the Commission: full name, mailing address, date of birth, gender, height, weight, colors of hair and eyes, daytime phone number, and last four digits of social security number. Persons shall indicate the type of permit for which the application is made including weapon type and/or unit choice(s). A preference or a bonus point application shall include the species for which the point should be applied.
Persons shall provide, in the case of credit card payment, credit card number, card expiration date, verification number, and zip code of the credit card billing location.
Application forms are available from the Commission and electronic applications are available at the Commission's website.
001.01A2a Additionally, persons applying for a limited landowner permit to hunt deer, antelope or turkey shall list the legal descriptions or beginning January 2023 parcel identification numbers of the qualifying farm or ranch land and identify the ownership status of lands used to establish them as a qualifying landowner/leaseholder or immediate family of a qualifying landowner/leaseholder. The limited landowner applicant shall also attest that they are either the qualifying landowner/leaseholder or immediate family of a qualifying landowner/leaseholder. If qualifying as the immediate family of a qualifying landowner/leaseholder the name of the qualifying landowner/leaseholder and relationship shall also be provided.
001.01A2a(1) Additionally, Special Landowner Deer Season applications must include the names of immediate family that are designated to hunt on a form provided by the Commission.
001.01A2b Additionally, all persons applying for a limited landowner elk permit shall provide the name of the owner or owners as listed on the title or deed for the qualifying property. Persons qualifying under an agricultural lease agreement must provide the name, address and phone number of the owner of the qualifying property, the agricultural purpose, and the dates and duration of the lease. Persons qualifying as immediate family of an owner must provide the name, relationship, address, and phone number of the owner. Persons qualifying as immediate family of a leaseholder must provide the name, relationship, address and phone number of the leaseholder; the name, address and phone number of the owner, the agricultural purpose of the lease, and the dates and duration of the lease. Information provided by the applicant shall be on a form provided by the Commission.
001.01A3 Preference
001.01A3a Any eligible resident who properly applies for and is denied a landowner antelope or nonlandowner antelope or a landowner bull elk permit or a non-resident who properly applies for and is denied an archery antelope permit during the first application period shall receive a preference point, and one point shall be allowed for each year he or she is unsuccessful in the drawing or for each preference point purchased. Any eligible non-resident who properly applies for and is denied a landowner antelope permit or a landowner bull elk permit during the first application period shall receive .9 of a preference point, and .9 of a point shall be allowed for each year he or she is unsuccessful in the drawing or for each preference point purchased. Such preference points shall be used to determine priority in the permit drawing, with persons having the most points receiving the greatest priority. If multiple applicants (up to six) submit a joint application, priority will be given based on the lower number of points possessed by any of the applicants. Persons who indicate a second choice for an antelope unit, and have points exceeding persons who indicate that unit for a first choice, shall have priority. Any person who is issued a Landowner bull elk or a firearm or muzzleloader buck or either sex antelope permit shall lose all preference points for that species permit.
001.01A3b Any person who properly applies for and is denied a draw unit deer permit during the first application period shall receive one preference point, and one point shall be awarded for each year the applicant is unsuccessful in the drawing or for each preference point purchased. Such preference points shall be used to determine priority in the permit drawing, with persons having the most points receiving the greatest priority. If multiple applicants (up to six) submit a joint application, priority will be given based on the lower number of points possessed by any of the applicants. Any person who is issued a draw unit deer permit shall lose all preference points. Regardless of preference points accrued, residents shall have preference over non-residents except for permits included in a non-resident permit quota.
001.01A3c Any eligible resident who properly applies for and is denied a non-landowner bull elk permit during the first application period shall receive a bonus point, and one point shall be allowed for each subsequent year he or she is unsuccessful in the drawing or for each bonus point purchased. Such bonus points shall be used to determine the number of chances applicants have in the permit drawing, with each bonus point adding an additional entry in the drawing. If multiple applicants (up to six) submit a joint application, the number of drawing entries will be based on the lower number of bonus points possessed by any of the applicants. Any person who is issued a non-landowner bull elk permit shall lose all bonus points for that permit.
001.01B It shall be unlawful:
001.01B1 to apply for, obtain, or possess more than one permit for antelope or elk or two permits which allow taking of antlered deer (includes specification of deer of either sex), in any calendar year, or to apply for a permit unless eligible, or prior to the time of eligibility; to apply for more than one permit or one preference point or one bonus point per species in a draw application period per calendar year. Limitations on numbers of permits per individual shall not apply to special depredation control season permits, auction or lottery permits (003.04), and obtaining of such control season permits shall not affect eligibility for succeeding permits.
001.01B2 to take antelope, deer or mountain lion with a rifle smaller than 22 caliber or a rifle which delivers less than 900 foot-pounds of bullet energy at 100 yards except that a .357 magnum rifle or a .45 Colt rifle are legal, a muzzleloading rifle of less than 44 caliber, a muzzleloading musket other than a 62 caliber or larger firing a single slug, a shotgun other than a 20 gauge or larger firing a single slug; to take elk with a handgun or to take antelope, deer or mountain lion with any handgun or a muzzleloading handgun which delivers less than 400 foot-pounds of bullet energy at 50 yards; to take elk or mountain sheep with a rifle smaller than 25 caliber, or which delivers less than 1700 foot-pounds of bullet energy at 100 yards, or with a muzzleloading rifle of less than 45 caliber; to use any firearm capable of fully automatic fire, or semi-automatic firearm capable of holding more than 6 cartridges; to take antelope, deer, elk, mountain lion, or mountain sheep with a full metal jacket or incendiary bullet; or to take turkeys with a rifle or while possessing or using shotgun shells containing shot larger than size 2 - or containing a single slug; to take antelope, deer, elk, mountain lion, mountain sheep, or turkey with a crossbow which has a draw weight of less than 125 pounds, with an electronically loaded, cocked, or fired crossbow, or with a crossbow not designed to be fired from the shoulder; to take mountain lion with archery equipment other than a longbow, recurve bow, compound bow, or crossbow; to take antelope, deer, elk, mountain sheep or turkey with archery equipment other than a longbow, recurve bow, compound bow, crossbow, or with a spear other than a hand thrown spear; or to hunt antelope, mountain lion, deer, elk, mountain sheep, or turkey with any arrow or spear containing poison or stupefying chemical, or with an arrow or spear that has an explosive tip, or with an arrow or spear with other than a sharpened hunting head with a blade of at least 7/16 inch radius from the center of the arrow or spear shaft, except that turkeys may also be hunted with a blunt (bludgeon) head with a diameter of at least 9/16 inch.
001.01B3 while hunting game animals and game birds to have attached to any air gun, firearm, crossbow, or bow any device capable of utilizing electricity to amplify natural ambient light or to project a visible light beam or image to a target. This restriction allows red dot and illuminated reticle sights and scopes, any sight that uses natural light or other light source to make the sight illuminated or enhance the sight's visibility but prohibits the possession of night vision scopes (both light amplification types and projected light types such as infrared) and all other sights that project a visible light beam to the target.
001.01B4 during the November firearm deer season to hunt wildlife other than deer, elk, or antelope with a centerfire rifle or deer and antelope with a centerfire handgun, except that this shall not apply to a holder of a valid unfilled firearm deer, elk, or antelope permit while hunting in the unit for which the permit was issued or to a bona fide farmer or rancher who owns, or leases, or resides upon such farm or ranch land, or a member of the immediate family of such farmer or rancher while hunting on such farm or ranch land.
001.01B5 to take any big game animals or turkey 1) whenever take is restricted to archery methods while in possession of a firearm or 2) whenever take is restricted to muzzleloader equipment, to possess any breech loading firearm. Nothing in this section shall prohibit the lawful carry of a handgun with a barrel length not to exceed five (5) inches or the lawful carry of any firearm within the enclosed portion of a vehicle. The take or attempted take of any wildlife with the aid of said handgun other than the immediate protection of human life is prohibited.
001.01B6 to chase, run, or harass any antelope, deer, elk, mountain lion, or mountain sheep with any motor vehicle or to shoot, shoot at, or take any antelope, deer, elk, mountain lion, or mountain sheep from a motor vehicle while the vehicle is underway or moving.
001.01B7 to take antelope, deer, elk, mountain lion, mountain sheep, or turkey in any area other than the management unit or season choice area for which the permit is issued.
001.01B8 to take any turkey which is perched in a tree, prior to sunrise; or to use any live decoy or electronic call in attempting to take turkeys; or to take or attempt to take elk with electronic calls.
001.01B9 to hunt any big game (sheep, elk, mountain lion, deer, or pronghorn) or turkey within 200 yards of a baited area, or for anyone to create a baited area described above on lands owned or controlled by Nebraska Game and Parks Commission at any time. A baited area is defined as any location where grains, fruits, vegetables, nuts, hay, minerals (including salt), or any other natural food materials, commercial products containing food materials, or by-products of such materials that may attract big game animals or turkey. This shall prohibit the hunter or game from being within a 200 yard radius of any baited area at the time of take or attempted take; these restrictions shall only apply to property included in the same ownership, control or lease of such baited area. An area shall be considered baited for ten (10) days following the complete removal of all such bait. The Commission may, by special authorization, allow take otherwise prohibited by this regulation.
The use of scents alone, normal environmental conditions, standard farming and ranching practices, forest management, wildlife food plantings, orchard management, or similar land management activities do not constitute a baited area.
001.01B10 except as provided in 001.01D, (1) to fail to punch or notch the permit or bonus tag indicating date of kill and sex immediately after killing (punching/notching the permit or bonus tag automatically cancels the permit or bonus tag); (2) to fail to retain the canceled permit or bonus tag on the person of the hunter while in possession of any antelope, deer, elk, mountain lion, or mountain sheep prior to successfully completing the check station process as described in 001.01B13, 001.01B14 and 037.08; (3) to fail to attach permit or bonus tag securely to a turkey immediately after the kill; (4) to fail to leave the canceled permit or bonus tag attached to the antelope, deer, elk, mountain lion, or mountain sheep carcass; (5) to transport or possess any antelope, deer, elk, mountain lion, mountain sheep or turkey taken under authority of a permit or bonus tag unless the permit or bonus tag has been punched/notched as required and accompanies the animal as required.
001.01B11 to separate an antelope, elk, or deer carcass into smaller than quarters before successfully completing the check station process as described in 001.01B13 and 001.01B14; if delivering a carcass to a check station, the head must accompany the carcass. Quarters shall mean four (4) legs with femur or scapula naturally attached and loins. Permit and check station seal number or check station verification number must be retained when transporting the carcass or a portion thereof to a point of permanent storage or processing.
001.01B12 to possess any turkey unless the legs, thighs, and breast remain together until the bird is consumed or the bird arrives at the permanent abode of the possessor. The breast meat may be removed from the bone but must remain as two entire halves. Birds taken in the spring must have proof of sex consisting of 1) the legs with spurs naturally attached; 2) the beard naturally attached to the breast; or 3) the detached beard with at least ¼-inch of skin remaining at the attachment site and kept together with the leg, thighs, and breast. It shall be unlawful to separate the turkey breasts or legs from the carcass prior to completing the check station process described in 001.01B14.
001.01B13 for the permittee to fail or neglect to deliver any deer harvested during November firearm deer season (Nebraska Game and Parks Commission Order C03, Section C03.05A) to a sealing and checking station or complete the check station process as described in 001.01B14 prior to 1:00 p.m. of the day following the close of the season; for the permittee to fail or neglect to successfully complete the check station process as described in 001.01B14 within 48 hours of the time of harvest for deer taken outside of the November Firearm deer season (Nebraska Game and Parks Commission Order C03, Section C03.05A).; Except as provided in 001.01D1a, for the permittee to fail or neglect to complete the check station process for antelope, deer, turkey or elk before the carcass leaves the state of Nebraska, for the permittee to fail or neglect to successfully complete the check station process as described in 001.01B14 for any antelope, elk, or turkey harvested within 48 hours of harvesting said animal but not later than 1:00 p.m. on the day following the close of any portion of the season. However, the Director may, in the interest of public health, determine that physical check stations are not prudent during the November firearm deer season (Nebraska Game and Parks Commission Order C03, Section C03.05A).
For each such season that the Director has determined it is not prudent to offer physical check stations, it shall be illegal for the permittee to fail or neglect to successfully complete the check station process as described in 001.01B14 within 48 hours of the time of harvest but not later than 1:00 p.m. on the day following the close of any portion of the season.
001.01B14 for the permittee to fail or neglect to record the seal number as provided by the check station on the permit for any eligible turkey, antelope, elk, or deer checked utilizing either telephone or Internet check stations or for the permittee to provide any false information on any of the required check data when checking their harvest. Deer taken under the authority of a valid permit outside the November firearm deer season (Nebraska Game and Parks Commission Order C03, Section C03.05A), and any antelope taken under the authority of a valid antelope permit (Nebraska Game and Parks Commission Order C03), any elk taken under the authority of a valid elk permit (Nebraska Game and Parks Commission Order C03), any elk taken under the authority of a valid elk permit (Nebraska Game and Parks Commission Order C03), and effective February 1, 2023 any turkey taken under the authority of a valid turkey permit (Nebraska Game and Parks Commission Order C02) must be successfully checked through an authorized Commission telephone or Internet check station. Deer taken under the authority of a valid permit during the November firearm deer season (Nebraska Game and Parks Commission Order C03, Section C03.05A), may be successfully checked through an authorized Commission telephone or internet check station.
001.01B15 for any person other than the successful permittee to possess any antelope, deer, elk, mountain lion, mountain sheep, turkey, or portion thereof, except under conditions set forth in 001.02A13.
001.01B16 for a farmer or rancher hunting under the provisions of section 37-403 to refuse to provide to a Conservation Officer, upon request, a signed statement stating that he or she is a bona fide farmer or rancher of the land upon which he or she is hunting.
001.01C As provided in 37-527, archers hunting antelope, deer, elk, or mountain sheep shall be exempt from wearing hunter orange during the firearm seasons for antelope, elk or mountain sheep.
001.01D Permits Issued for Use on Mobile Electronic Devices
001.01D1 Turkey Permits
001.01D1a Cancellation/Checking: Beginning March 25, 2023 it shall be unlawful to fail to electronically cancel and complete the check-in process on a mobile permit immediately after the harvest of the turkey.
001.01D1b Possession: A turkey harvested under the authority of a mobile permit must be accompanied by the hunter with a mobile device upon which the cancelled permit can be displayed until such time as the turkey arrives at the personal abode of the hunter or a commercial preservation facility. The turkey may be left unaccompanied by the hunter only if a document bearing the hunter's name, permit number, and time and date of permit cancellation (or time and date of kill if cancellation has not yet occurred under condition specified in 001.01D1a) is kept with the carcass. Other persons may take possession of the carcass only under conditions specified in 001.02A13.
001.02 Game Birds and Game Animals
001.02A It shall be unlawful to:
001.02A1 hunt migratory waterfowl without possessing a valid small game hunting permit, a habitat stamp, a Nebraska migratory waterfowl stamp, and a Federal migratory bird hunting stamp, provided the requirements for the Nebraska migratory waterfowl stamp shall begin January 1, 2006. This applies to any resident 16 years of age or older and all non-residents regardless of age.
001.02A2 take in one day, more than the lawful daily bag limit.
001.02A3 use recorded or amplified calls or sounds, or recorded or amplified imitations of calls or sounds when hunting game birds with the exception listed in 001.02A3a.
001.02A3a The use of recorded or amplified calls or sounds or recorded or amplified imitations of calls or sounds is allowed for the hunting of light geese when all other migratory game bird hunting seasons are closed, provided such use is approved by the Director of the United States Fish and Wildlife Service or an authorized representative under 50 Code of Federal Regulations (CFR) Part 20, Subpart C, Section 20.21(g).
001.02A4 hunt any dove, snipe, rail, woodcock, coot, duck, or goose with a shotgun capable of holding more than three (3) shells in the magazine and chamber combined, unless it is plugged with a one piece filler incapable of removal without disassembling the shotgun with the exception listed in 001.02A4a.
001.02A4a During a light goose season when all other migratory game bird seasons are closed, light geese may be hunted with a shotgun capable of holding more than three (3) shells provided such use is approved by the Director of the United States Fish and Wildlife Service or an authorized representative under 50 Code of Federal Regulations (CFR) Part 20, Subpart C, Section 20.21(g).
001.02A5 use live decoys when hunting waterfowl.
001.02A6 hunt migratory species with a crossbow.
001.02A7 take any migratory species on, or over a baited area or by the use or aid of a baited area.
001.02A8 possess any wounded or live game bird or game animal taken by authority of a hunting permit.
001.02A9 possess rail, snipe, woodcock, coot, or any species of duck or goose unless the head with plumage intact or one fully feathered wing remains attached to the carcass for species identification until such time as birds arrive at the personal abode of the possessor or commercial preservation facility.
001.02A10 possess greater than a possession limit of game birds or game animals taken by authority of a small game hunting permit.
001.02A11 shoot at quail other than when such bird is in flight.
001.02A12 possess pheasants or grouse unless one leg or head remains attached to the carcass, until such time as the birds arrive at the personal abode of the possessor or commercial preservation facility.
001.02A13 give, put, leave, or retain the whole carcass or meat or flesh of any game birds or game animals at any place or in the custody of another person, cold storage, or processing facility except as specified in 001.14 and unless the game birds or game animals are tagged with the following information:
(1) Name;
(2) Phone number;
(3) Permit number or seal number (if deer, antelope, elk, mountain lion, or mountain sheep);
(4) Estimated pounds of meat for deer, antelope, elk, mountain lion, and mountain sheep;
(5) Species of game birds or game animals and total number of each; and, if transferred by gift;
(6) Signature of donor and name of recipient and date of transfer.
001.02B Dog Training/Trials
For purposes of this section, sporting dog trials shall be as defined in 37-412.
For purposes of this section, dog training shall mean the use of dogs in a non-competitive process solely intended to enhance the hunting skills of dogs and shall not apply to dog trials as defined in 37-412 or to activities associated with or requiring a Controlled Shooting Area Permit (Section 015). Landowners, their lessees or guests may allow for or participate in the release and/or pursuit of pen-reared birds for dog training purposes on private land, only according to the provisions of this subsection. If any service relating to procurement, sale or release of birds is provided by the landowner or lessee to bird harvesters, the landowner or lessee must qualify for and obtain a Commission-authorized Game Breeding and Controlled Shooting Area permit (015) for the lands to be used for dog training. The requirement to obtain a Game Breeding and Controlled Shooting Area permit shall not apply to persons conducting Commission-authorized field trials, youth-mentored hunts, or persons who have received designation as a "Private Dog Training Area" prior to November 12, 2004.
001.02B1 Dog Training
001.02B1a All game birds purchased and released for training purposes must be obtained from a Captive Wildlife Permit holder, a Game Breeding and Controlled Shooting Area Permit holder or licensed non-resident breeder; must be banded by the sponsor or trainer with official bands authorized by the Game and Parks Commission and any person who purchases game birds from the holder of a Captive Wildlife Permit, Game Breeding and Controlled Shooting Area Permit holder or licensed non-resident breeder shall have in his or her possession a sales tag from the Captive Wildlife Permit holder or sales receipt from the licensed nonresident permit holder listing the date, species and number of birds purchased. Sales tag or sales receipt must be returned to the Game and Parks Commission after the fourteen (14) day time frame (001.02B2).
001.02B1b All game birds purchased and released for dog training purposes, but not taken during the training session, shall be considered wild birds and subject to the rules and regulations covering taking of the same upon completion of the training session, provided that holders of a Captive Wildlife Permit or a Game Breeding and Controlled Shooting Area Permit may recapture birds.
001.02B1c Only pen-raised pheasants (hens only), quail, partridge, mallards, and pigeons may be purchased and released for dog training purposes.
001.02B1c(1) Limits for the harvest of game birds per dog during any training session are:
Hen Pheasants: Two (2)
Quail: Five (5)
Partridge: Unlimited
Mallards: Unlimited
001.02B1d A training session shall be confined to one day, defined as sunrise to sunset.
001.02B2 Game birds obtained under authority of this section may be kept in captivity without a Captive Wildlife Permit or a Game Breeding and Controlled Shooting Area Permit for a period not to exceed fourteen (14) days following date of purchase of those birds.
001.02C Dog Trials
001.02C1 Application for approval of Sporting Dog Trials shall be made in writing on forms provided by the Game and Parks Commission, and shall provide information as specified by the Commission.
001.02C2 All game birds purchased and released for field trials must be obtained from a Captive Wildlife Permit holder, a Game Breeding and Controlled Shooting Area Permit holder or licensed non-resident breeder; must be banded by the sponsor or trainer with official bands authorized by the Game and Parks Commission; and any person who purchases game birds from the holder of a Captive Wildlife Permit, a Game Breeding and Controlled Shooting Area Permit holder or licensed non-resident breeder shall have in his or her possession a sales tag from a Captive Wildlife Permit holder, a Game Breeding and Controlled Shooting Area Permit holder or sales receipt from the licensed non-resident permit holder listing the date, species and number of birds purchased. Sales tag or sales receipt must be returned to the Game and Parks Commission after thirty (30) days (001.02C3).
001.02C3 Persons holding a valid Sporting Dog Trial authorization may hold pen-raised birds for a period not to exceed fourteen (14) days beyond the date of purchase of those birds.
001.02C4 Trials may be authorized by the Commission on any lands in the state, providing permission from the landowner is obtained.
001.02C5 Trials conducted on Commission administered lands shall be further subject to the other state regulations or requirements pertaining to those lands.
001.02C6 Authorization for trials may be revoked by the Commission at any time upon violation of these regulations, violation of game laws, or other just cause.
001.03 Fur Harvesting
001.03A It shall be unlawful:
001.03A1 to trap fur-bearing animals unless the traps are checked and the animals removed at least once every calendar day, except for metal spring traps and snares affixed to one way slide wire submersion sets, underwater snare sets which remain completely under water when fully extended and underwater box or body-gripping trap sets require traps to be checked and animals removed at least once every 2 calendar days.
001.03A2 to trap or take any fur-bearing animal with any device other than a snare, or a metal spring trap with smooth jaws, or a box trap under the authority of a fur harvesting permit, except raccoon, red fox, gray fox, bobcat, badger, long-tailed weasel, striped skunk, mink, and opossum may also be taken with a firearm or bow, and beavers, beaver dens, muskrats and other furbearers authorized for take by a damage control permit may be destroyed in any other legal manner authorized by that permit.
001.03A3 to possess any live fur-bearing animal taken by authority of a fur harvesting permit.
001.03A4 in order to protect nongame birds as provided in section 37-805, for any person to place or maintain steel foot hold traps within 30 feet of sight exposed bait on any dryland set, provided that USDA-APHIS-Wildlife Services personnel are allowed to place or maintain traps within 30 feet of sight exposed bait when trapping for mountain lions. Sight exposed bait shall mean and include any bait composed of fish, animal flesh, fur, hide, entrails or feathers placed in plain view. A dryland set is defined as any set where traps or snares are not placed in or under water.
001.03A5 to set a body-gripping trap with jaw spread larger than five (5) inches, except when placed under water or at least six (6) feet above ground on any land owned or controlled by the Commission, including lands controlled for public access (018.14), land owned or controlled by the U.S. Army Corps of Engineers at Harlan County Reservoir, Waterfowl Production Area lands owned or controlled by the U.S. Fish and Wildlife Service, and lands owned or controlled by the U.S. Forest Service.
001.03A6 to trap on any land in this state with a bodygripping trap with a jaw spread exceeding 8 inches unless such trap is placed completely under water, or at least 6 feet above ground.
001.03A7 to pursue or run raccoon or opossum for two (2) weeks prior to the taking seasons; provided that organized coonhound clubs may conduct United Kennel Club or American Coonhound Association Licensed or Sanctioned Field Trials during this period when approved by written authorization from the Commission, and with the understanding that no raccoons or other wildlife shall be killed or taken.
001.03A8 to trap on any dry land portion of Branched Oak Wildlife Management Area or Yankee Hill Wildlife Management Area prior to December 15 of each calendar year, with any trap other than a dog-proof trap where the triggering mechanism is enclosed within a housing, the triggering mechanism is recessed 1 ¼ inches or more and only accessible through a single opening not exceeding 2 inches in diameter when set and the trap has a swivelmounted anchoring system.
001.03A9 to set a snare trap during any upland game bird season on any land owned or controlled by the Commission, including lands controlled for public access (018.14), land owned or controlled by the U.S. Army Corps of Engineers at Harlan County Reservoir, or Waterfowl Production Area lands owned or controlled by the U.S. Fish and Wildlife Service, unless the snare is set completely under water.
001.03A10 for buyers to purchase furs unless complete records are kept on all furs bought or sold. The information required to be kept by the buyer shall be in accord with section 37-463. A current record of this information must be immediately available upon demand by a conservation officer. Record books are available from the Commission.
001.03A11 for any person who has taken a bobcat (Lynx rufus) in Nebraska to fail or neglect to have the pelt of said bobcat registered and officially tagged by the Commission within two business days after the close of the bobcat harvest season and before the sale of said bobcat.
001.03A12 to set any trap for fur-bearing animals or coyotes unless such trap has the following information stamped or inscribed legibly onto the trap or onto a metal tag that is securely affixed to the trap:
(1) the owner's or user's valid motor vehicle operator license number, or
(2) the owner's or user's Nebraska state identification card number applied for at motor vehicle operator license examiner's offices. Individuals under 16 years of age may use the motor vehicle operator license number or Nebraska state identification card number of a parent or guardian.
001.03A13 for any person who has taken a gray fox (Urocyon cinereoargenteus) in Nebraska to fail or neglect to have the pelt of said gray fox registered and officially tagged by the Commission within two business days after the close of the gray fox harvest season and before the sale of said gray fox.
001.03A14 for any person to possess or sell any furbearer listed in 37-559 without a valid fur harvesting permit.
001.04 Nongame Species in Need of Conservation
001.04A It shall be unlawful:
001.04A1 to chase, run or harass any nongame species in need of conservation with any motor vehicle or any other motor driven conveyance, or to take such nongame species from a motor vehicle or motor driven conveyance while the vehicle or conveyance is underway or moving.
001.04A2 to take any nongame species of mammal in need of conservation with any device or by any means other than a snare, or metal spring trap with smooth jaws, box trap, shotgun, rifle, handgun, longbow, or with other devices or by other means as authorized by Commission regulations.
001.04A3 to possess any live nongame species in need of conservation without written authorization from the Commission as provided in 001.07 and 010.02.
001.04A4 for any person to export, process, transport, ship or receive for shipment any nongame species in need of conservation unless it was legally acquired and is not otherwise prohibited by Nebraska statute or Commission regulation.
001.04A5 to take any nongame species in need of conservation except during the open season, if any, that may be authorized by the Commission or as otherwise provided by State Statutes or by the Commission regulations; provided that any person accidentally trapping any nongame species in need of conservation during a closed season for such animal shall deliver the animal or pelt thereof to a Commission Conservation Officer or if the animal is alive and not disabled it shall be immediately released back to the wild. Failure to deliver such animal or pelt or release it back to the wild shall constitute prima facie evidence of the unlawful possession of such wildlife.
001.04A6 to possess any unmounted or untanned nongame species in need of conservation, except during the open season or as otherwise provided by State Statutes or by Commission regulations.
001.04A7 for any person in any one day to take or to have in possession at any time a greater number of nongame species in need of conservation of any one kind than as fixed by the Commission.
001.05 Use of Aircraft To Shoot Coyotes
001.05A It shall be unlawful:
001.05A1 for any permittee to shoot coyotes from an aircraft on land where there has not been a written landowner request filed with the Commission or with Wildlife Services, U.S. Department of Agriculture in Lincoln. Such written landowner requests for coyote aerial control shall contain the legal description of land, mileage from nearest town, and county where there are problems with coyotes damaging or posing a substantial threat to livestock or other domesticated animals. Forms are available from the Commission for submission of this information.
001.05A2 for any permittee to fail to submit quarterly reports of aerial coyote control activities within 15 days after each calendar quarter. Such quarterly reports shall be dated and shall contain the following information: the dates and county in which hunting occurred, the number of coyotes taken each day of the quarter, the name of the permittee completing the report and the names of any other permittees included in the report. Failure to submit such reports shall constitute automatic revocation of the coyote aerial shooting permit. Report forms are available from the Commission for submission of this information.
001.06 Cold Storage Regulations
001.06A All game birds and game animals delivered to a cold storage facility shall be tagged by the owner of the game in accordance with 001.02A13.
001.06B All cold storage facilities which store or process game shall be required to record for each person leaving game in their custody, the information required in 001.02A13. Record sheets are available from the Commission for this purpose.
001.06C All cold storage records, tags and ledgers shall be open to inspection by any Conservation Officer.
001.07 Scientific and Educational Take Permits
001.07A The Commission may permit the take and collection of wildlife for strictly scientific or educational purposes, to enhance the conservation and survival of the species, or to substantially augment a scientific body of information.
001.07A1 Permits issued in accordance with 001.07A may permit any act otherwise prohibited by Chapter 4 Wildlife Regulations or Chapter 2 Fisheries Regulations provided such permits will be conditioned as to authorized activities, possession, species, numbers, location and methods of take.
001.07A2 Permits shall not be issued to persons other than those capable of demonstrating the requisite education, training, or professional experience, determined by the Commission, as necessary to carry-out, on a case-by-case basis, the scientific or educational activities so permitted.
001.07A3 Application for a permit must be made to the Nebraska Game and Parks Commission and the applicant must provide the following information: applicant name and personal description to include hair and eye colors, height, weight, date of birth, and gender. Other information required includes: the species and number requested to be collected and method of take, general locality and purpose of collection activity, and proposed disposition of specimens. Application forms are available from the Commission for submission of this information.
001.07A4 Permits must be carried by the person when engaged in collection or other permit activities. All persons engaged in permit activities must possess a permit. Sub-permits may be issued by the Nebraska Game and Parks Commission to assistants or associates of master permittees.
001.07A5 It shall be unlawful to take any wildlife under the authority of this permit without notifying the area conservation officer, district Law Enforcement Supervisor or if the officer and supervisor are not available, the Law Enforcement Division headquarters, at least 24 hours in advance.
001.07A6 It shall be unlawful to fail to accurately report all activities conducted under the authority of this permit by February 1 following expiration. This report must be provided to the Commission and shall include the following: species taken, common name and Scientific name, number of species taken, date and location (GPS or legal description) of take, and disposition of specimens (released, in collection, etc.). Forms are available to submit this information from the Commission.
001.07A7 Failure to comply with conditions of the permit or reporting requirements may result in revocation or nonrenewal of the permit as well as possible legal prosecution.
001.07A8 It shall be unlawful to sell, offer for sale, or barter any wildlife taken or held under the authority of this permit.
001.07A9 All species taken or held under the authority of this permit remain the property of the Nebraska Game and Parks Commission. Final disposition of all collected specimens shall be determined by the Commission.
001.08 Private Wildlife Management
001.08A Within the State of Nebraska and in accordance with the laws and regulations of municipalities, persons or their agents may remove wild birds and wild mammals which are causing damage to personal property or have entered a building. Fox squirrels and such wild mammals which are classified as furbearers may be euthanized only by those persons holding a valid Wildlife Damage Control permit (001.08A1) or who are acting under the authority of a municipality; provided the following species shall be protected and are exempt from private wildlife damage control as described in this section: mountain lions, spotted skunks, Canada lynx, bears, wolves, gray fox, swift fox, southern flying squirrel, deer, elk, bighorn sheep, and antelope. Euthanization of non-exempt species must be performed using humane methods, and release of captured animals must be in accordance with 008.08C3. Persons or their agents holding a permit for wildlife abatement in 008.08A3 may flush, haze, or take birds, or other wildlife, that pose a risk to human health or safety.
001.08A1 Persons acting under 001.08A who are conducting wildlife damage control or wildlife abatement for profit must hold a valid Wildlife Damage Control Permit issued by the Nebraska Game and Parks Commission, provided that unprotected nongame wild mammals and wild birds may be removed and humanely euthanized without a Wildlife Damage Control Permit.
001.08A2 When issuing a Wildlife Damage Control Permit, the Nebraska Game and Parks Commission shall prescribe the methods, means, species, numbers, time limits, and locations authorized for control under the permit and shall require the submission of annual reports in a format outlined by the Game and Parks Commission summarizing damage control activities. Furbearers or portions thereof may not be transferred to another person or sold under the authority of this permit.
001.08A3 A Raptor Permit for wildlife abatement shall not be issued until a written application for a permit on forms provided by the Commission is received along with the required fee.
001.08A3a Raptor Permits for wildlife abatement are subject to obtaining and keeping a Federal Abatement Permit from the United States Fish and Wildlife Service.
001.08A3b Copies of all federal abatement reporting forms and records must be supplied to the Commission when they are reported to the United States Fish and Wildlife Service. Renewal of permits will depend on the condition that all reports required to be completed by a permittee have been submitted in accordance with Commission regulations and State Law.
001.08A3c In order to obtain a Raptor Permit for wildlife abatement, the individual must have already obtained and maintained a master class Raptor Permit for falconry (Chapter 4, Section 009).
001.08A3d An unlimited number of captive bred raptors may be possessed under a Raptor Permit for wildlife abatement.
001.08B Damage Control Program for Deer, Antelope, Elk or other Game Birds
001.08B1 The Commission may authorize any individual(s) recommended by a property owner to destroy deer, antelope, elk or other gamebirds that are damaging the property owner's real or personal property. All authorized individuals and property owners shall comply with the terms of any permit issued, including the methods of take.
001.08B2 A permit may be issued specifying the number of animals that may be removed, methods, location, time, dates (not to exceed 90 days) and the name(s) of person(s) authorized to kill the animals.
001.08B3 Game birds: Permit(s) may be issued under the following circumstances: economic loss, personal property damage, and disease concerns. Methods allowed under this permit may include: baiting, trapping and shooting.
001.08B4 All wildlife taken pursuant to this Part shall be tagged. The Commission shall be notified following the killing of the animal(s) after the expiration date of the permit.
001.08B5 Permits may be denied to persons who did not allow reasonable hunting for the species causing damage.
001.08B6 Permits may be revoked or denied for failure to comply with conditions of the permit (001.08B2).
001.08B7 Commercial use of these permits is not allowed.
001.08B8 Special Depredation Seasons For Deer, Elk, Antelope
001.08B8a The Secretary of the Game and Parks Commission is authorized to establish and implement a special deer, elk or antelope depredation season by order.
001.08B8b The geographic area included in the depredation season may be defined by the Secretary and limited to an area where landowners allow reasonable hunting access for the species causing damage.
001.08B8c Shooting hours shall be from 30 minutes before sunrise to 30 minutes after sunset.
001.08B8d All legal weapons as specified in 001.01B2 shall be in effect for any depredation control season.
001.08B8e Notice of a season shall be issued in a news release and posted on the Commission website.
001.08B8f Special Depredation Season Applications: Persons applying for a special depredation season permit or a special depredation season landowner permit shall provide the following information to the Commission: full name, mailing address, date of birth, gender, height, weight, colors of hair and eyes, daytime phone number, and last four digits of social security number.
Persons shall provide in the case of credit card payment, credit card number, card expiration date, verification number, and zip code of the credit card billing location.
Application forms are available from the Commission and electronic applications are available at the Commission's website.
001.08B8f(1) Additionally, persons applying for a special depredation season landowner permit shall list the legal descriptions of the qualifying farm or ranch land and identify the ownership status of lands used to establish them as a qualifying landowner/leaseholder or immediate family of a qualifying landowner/leaseholder. The landowner applicant shall also attest that they are either the qualifying landowner/leaseholder or immediate family of a qualifying landowner/leaseholder, if qualifying as the immediate family of a qualifying landowner/leaseholder the name of the qualifying landowner/leaseholder and relationship shall also be provided.
001.08B8g Any animal harvested on a special season depredation permit must be checked utilizing either the Commission telephone or internet check stations by 10:00 pm of the day of the harvest.
001.08B8h If a harvest quota is established, all hunters must confirm daily, prior to hunting, if the season is still open by checking to see if the harvest quota has been met by checking the Commission - provided toll-free number or season status website.
001.08B8i Fees for the special depredation permits will be as follows:
| Permit Name | Resident | Non-Resident |
| Deer | $10 | $20 |
| Deer Landowner | $5 | $10 |
| Antelope | $10 | $20 |
| Antelope Landowner | $5 | $10 |
| Elk | $20 | $40 |
| Elk Landowner | $5 | $10 |
001.08B9 Permits may be issued to airport authorities and municipalities to remove or destroy a designated number of animals to mitigate public safety threats provided the condition of 001.08B4 is met.
001.08C Within the jurisdictional boundaries or area of operations of municipalities, airports, military airports, public or private golf courses or residential lakes where there is a direct threat to human health, or where take of Canada goose nests and eggs would resolve or prevent injury to people, property, or other interests, the Commission may issue a Wildlife Damage Control Permit to persons or their agents to take, destroy or relocate Canada geese and/or their nests or eggs. Landowners, homeowner's associations, public land managers, or local governments in the lower 48 states or the District of Columbia may also register for the U.S. Fish and Wildlife Service resident Canada goose nest and egg depredation order to destroy Canada goose eggs and/or nests.
001.08C1 Only those persons, boards, councils, or associations responsible for the overall operation of an area acting under 001.08C may be issued a Wildlife Damage Control Permit for Canada geese.
001.08C2 Persons requesting a Wildlife Damage Control Permit for Canada geese must file a written notice with the Commission designating the number of geese and/or nests to be affected, health or damage concerns, methods previously used for control, activities to be undertaken, and identification of individuals who will conduct Canada goose control activities. The Commission shall prescribe the methods, means, numbers, time limits, and locations authorized for control by the permit and shall require the submission of annual reports to the Commission summarizing damage control activities. Such summary shall approximate the number of geese, eggs, and/or nests controlled, the methods utilized, and the timeframe activities were conducted. Persons registering for the U.S. Fish and Wildlife Service resident Canada goose nest and egg depredation order must register with the U.S. Fish and Wildlife Service.
001.08C3 Only persons listed in a Wildlife Damage Control Permit or those registered for the U.S. Fish and Wildlife Service resident Canada goose nest and egg depredation order may carry out control activities. All persons engaged in permit activities must possess a copy of such permit.
001.08D Nothing in this section shall be construed to authorize the removal and taking of any species which is protected by provisions of 37-801 to 37-811, the Nongame and Endangered Species Conservation Act, the federal Endangered Species Act, as amended, 16 U.S.C. 661 et seq., the federal Bald and Golden Eagle Protection Act, as amended, 16 U.S.C. 668 et seq., the federal Migratory Bird Treaty Act, as amended, 16 U.S.C. 703 et seq., or rules and regulations adopted and promulgated pursuant to such provision, or any other federal or state law or regulation which has as its purpose the protection of endangered or threatened species.
001.08E Nothing in this section shall be construed to authorize the use of removal techniques otherwise prohibited by federal, county, or municipal law.
001.09 National Wildlife Refuges
001.09A Vehicle entrance and travel will be permitted only on designated, well defined trails. No vehicle travel is permitted beyond posted points, or off designated trails in the hills or meadows.
001.09B No overnight camping is permitted.
001.09C No open fires are permitted.
001.09D Valentine National Wildlife Refuge
001.09D1 The public hunting of pheasants, doves and grouse shall be permitted unless otherwise posted as closed to hunting. The open area shall include 70,085 acres or 98 percent of the Refuge. Hunting shall be in accordance with all applicable state regulations.
001.09D2 Duck hunting is permitted in accord with state regulations on Duck, Rice and Watts lakes.
001.09D3 Deer hunting is permitted in accordance with applicable state regulations, only on areas designated by signs as open to hunting.
001.09D4 For trapping or hunting of predators and furbearing animals, consult refuge manager.
001.09E Crescent Lake National Wildlife Refuge
001.09E1 Sport hunting is permitted only on areas designated by signs as being open to hunting. These areas comprising approximately 40,900 acres, are delineated on maps available at refuge headquarters. Sport hunting shall be in accordance with all applicable state regulations.
001.09F DeSoto National Wildlife Refuge
001.09F1 Reciprocal agreement with Iowa involving DeSoto National Wildlife Refuge: pursuant to section 37-315, persons who obtain Iowa hunting permits valid within DeSoto National Wildlife Refuge shall be permitted to hunt in the Nebraska portion of the DeSoto National Wildlife Refuge, under regulations specific to DeSoto National Wildlife Refuge.
001.10 Administration of the Harvest Information Program
001.10A All residents 16 and over and non-residents who hunt migratory game birds shall register annually with the Commission prior to hunting migratory game birds, additionally residents under 16 years of age that select and participate in the second tier of the two tier duck hunting program shall register annually with the Commission prior to hunting migratory game birds.
001.10B Each hunter shall register by stating his or her intent to hunt migratory game birds and by providing his or her name, address, date of birth and gender. Each hunter shall provide an estimate of his or her harvest, if any, of migratory game birds for the previous year.
001.10C Persons who register shall be provided with a registration number and shall possess this number while hunting migratory game birds. The registration number shall be recorded on the hunting permit or on another item carried by the hunter.
001.10D The registration number shall be shown immediately upon demand to any officer or person whose duty it is to enforce the Game Law. Any person hunting migratory game birds in the state without such registration number on or about his or her person shall be deemed to be without such registration number.
001.10E Registration numbers
001.10E1 Registration numbers issued January 1 through June 30 shall be valid through June 30 of the year issued.
001.10E2 Registration numbers issued July 1 through December 31 shall be valid through June 30 of the following year.
001.11 Taking of Wildlife by Commission Employees
All conservation officers, all wildlife managers employed by the Commission, and all other staff designated by the Commission or Commission Secretary shall be authorized to take any wildlife from the wild that has escaped captivity, is damaging agricultural crops, is suspected of being diseased or is creating a risk of disease exposure to other wildlife, is needed for scientific study, is seriously injured and in need of euthanization, or is creating serious ecological threats to other wildlife or wildlife habitats. Taking of wildlife which does not pose an immediate threat but is considered dangerous to human or livestock health, or taking wildlife for any other purposes under the authority of 37-353, must be specifically authorized on a case-by-case basis by the Secretary of the Commission.
001.11A The taking of wildlife under this authority shall be documented as to purpose of taking, location, date, identification of person taking, and wildlife species. Such documentation shall be retained by the Commission for a period of no less than one year from the date of taking.
001.12 Novice Hunter Education Programs
001.12A Special events permitted by the Commission for novice hunter education programs may be held on private land for upland game birds between September 1 and April 15 of each year.
001.12A1 All participants in any novice hunter education event shall have successfully completed a recognized hunter education course and be properly licensed according to the laws of the State of Nebraska.
001.12A2 All novice hunter education events shall be organized by a conservation organization or the Commission.
001.12A3 The organizing entity for each novice hunter education event shall apply for a permit from the Commission. The application shall state the species to be harvested, sponsoring organization, contact person for the event, number of participants, source and number of birds obtained from a licensed non-resident breeder, a Game Breeding and Controlled Shooting Area Permit holder or Captive Wildlife Permit holder, and requested dates. Application forms are available to submit such information to the Commission.
001.12A4 The organizing entity for each novice hunter education event shall provide, with their permit request, the rules proposed for governing the hunt.
001.12B Organizations sponsoring novice hunter education events shall provide birds obtained from a licensed nonresident breeder, a Game Breeding and Controlled Shooting Area Permit holder or Captive Wildlife Permit holder, shall mark them with bands approved by the Commission, and shall retain receipts/sales tags in their possession. The Commission may waive the banding requirement if birds are obtained from Commission sources.
001.12C All birds taken during permitted novice hunter education events shall be accompanied by custody tags.
001.13 Validation of Stamps
To be valid, a Habitat Stamp and/or Nebraska Migratory Waterfowl Stamp must be signed across the face in ink by the holder, provided that this shall not apply to stamps printed electronically or included as part of a fee-exempt permit.
001.14 Hunters Helping the Hungry Program
001.14A Participation of Deer Meat Processors
001.14A1 Qualifications
Meat processors may participate in the Hunters Helping the Hungry Program provided that:
001.14A1a they are a custom exempt processor inspected by the United States Department of Agriculture or the Nebraska Department of Agriculture.
001.14A1b they have successfully applied to participate using a form provided by the Nebraska Game and Parks Commission.
001.14A1c they have signed a contract with the Commission detailing the terms of their participation.
Meat processors may be disqualified from future participation if they or their employees fail to comply with the terms of their contracts or the statutes, rules, and regulations governing the Hunters Helping the Hungry Program or other provisions of the Game Law related to the possession, sale, or transportation of wildlife meat, parts, or products.
001.14A2 Recordkeeping
001.14A2a For each donated deer, meat processors shall record the date of donation; the donating hunter's name, phone number, and signature; the deer permit number; and the seal number the hunter received when checking the deer as described in 001.01B13 and 001.01B14, on forms provided by the Commission. Once the deer carcass has been accepted by the processor and the above information recorded, the carcass becomes the property of the Hunters Helping the Hungry Program.
001.14A2b Participating processors may only transfer donated meat to recipients designated by the Commission. When processed meat is transferred to a recipient, meat processors shall record the date of transfer; the recipient's name, phone number, and signature; and the number of pounds of meat transferred on forms provided by the Commission.
001.14A2c It shall be unlawful to make any false report or misrepresentation on the forms provided by the Commission.
001.14A3 Reimbursement
Provided the participating processor provides accurate and timely recording of deer received and donated, they may be reimbursed for processing costs of each deer at a rate determined by the Commission. Reimbursement shall be based on completed forms specified in 001.14A2a provided by the processor to the Commission.