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Nebraska

West's Revised Statutes of Nebraska Annotated. Chapter 37. Game and Parks. Article 4. Permits and Licenses. (B) Special Permits and Licenses.

Statute Details
Printable Version
Citation: NE ST 37-477 to 37-482

Citation: Neb. Rev. St. 37-477 to 37-482


Last Checked by Web Center Staff: 02/2013

Summary:   This set of Nebraska laws provides that no person shall keep in captivity any wild bird or mammal that is either in need of conservation or listed as an endangered or threatened species. Further, no person shall keep in captivity in this state any wolf, any skunk, or any member of the families Felidae (except the domestic cat) and Ursidae (the bear family). Any person legally holding in captivity, on March 1, 1986, any such animal subject to the prohibition shall be allowed to keep the animal for the duration of its life. The section also outlines the legal requirements for obtaining and maintaining captive wildlife.


Statute in Full:

 

37-477. Certain animals kept in captivity; permit required; exceptions; rules and regulations

37-478. Captive wildlife auction permit; issuance; fee; prohibited acts

37-479. Captive wildlife permit; issuance; fee; prohibited acts; violation; penalty

37-480. Wild birds and wild mammals; disposition; restrictions

37-481. Certain wild animals; keeping in captivity; permit not required; when

37-482. Certain wild animals; keeping in captivity; violations; penalty; officers; entry and inspection authorized

 

 

37-477. Certain animals kept in captivity; permit required; exceptions; rules and regulations

(1) No person shall keep in captivity in this state any wild birds, any wild mammals, any nongame wildlife in need of conservation as determined by the commission under section 37-805, or any wildlife determined to be an endangered or threatened species under the Endangered Species Act or section 37-806 without first having obtained a permit to do so as provided by section 37-478 or 37-479.

(2) Except as provided in subsection (3) of this section, no person shall keep in captivity in this state any wolf, any skunk, or any member of the families Felidae and Ursidae. This subsection shall not apply to (a) the species Felis domesticus, (b) any zoo, park, refuge, wildlife area, or nature center owned or operated by a city, village, state, or federal agency or any zoo accredited by the Association of Zoos and Aquariums or the Zoological Association of America, or (c) any person who holds a captive wildlife permit issued pursuant to section 37-479 and who raises Canada Lynx (Lynx canadensis) or bobcats (Lynx rufus) solely for the purpose of producing furs for sale to individuals or businesses or for the purpose of producing breeding stock for sale to persons engaged in fur production.

(3) Any person legally holding in captivity, on March 1, 1986, any animal subject to the prohibition contained in subsection (2) of this section shall be allowed to keep the animal for the duration of its life. Such animal shall not be traded, sold, or otherwise disposed of without written permission from the commission.

(4) The commission shall adopt and promulgate rules and regulations governing the purchase, possession, propagation, sale, and barter of wild birds, wild mammals, and wildlife in captivity.

Laws 1957, ch. 151, § 1, p. 490; Laws 1971, LB 733, § 9; Laws 1986, LB 558, § 1; Laws 1987, LB 379, § 1; Laws 1998, LB 922, § 187; Laws 1999, LB 176, § 56; Laws 2009, LB 105, § 23, eff. Aug. 30, 2009.

 


37-478. Captive wildlife auction permit; issuance; fee; prohibited acts

(1) To conduct an auction in this state of captive wild birds, captive wild mammals, or captive wildlife as specified in subsection (1) of section 37- 477, a person shall apply to the commission on a form prescribed by the commission for a captive wildlife auction permit. An applicant for a permit shall specify the dates of the auction and shall apply for a permit for each auction to be held in the state. The application for the permit shall include the applicant's social security number. The fee for such permit shall be not more than sixty-five dollars, as established by the commission pursuant to section 37-327. The commission shall adopt and promulgate rules and regulations specifying application requirements and procedures, reporting and inspection requirements, and other requirements related to auction activities.

(2) A permitholder shall not (a) take wild birds, wild mammals, or other wildlife from the wild in Nebraska or (b) purchase wild birds, wild mammals, or other wildlife from any person other than the commission or a person authorized to propagate and dispose of wild birds, wild mammals, or other wildlife. A permit under this section is not required for an auction of domesticated cervine animals as defined in section 54-701.03.

Laws 1957, ch. 151, § 2, p. 490; Laws 1981, LB 72, § 20; Laws 1986, LB 558, § 2; Laws 1993, LB 235, § 26; Laws 1998, LB 922, § 188; Laws 1999, LB 176, § 57; Laws 2008, LB 1162, § 10, eff. July 18, 2008.

 


37-479. Captive wildlife permit; issuance; fee; prohibited acts

(1) To purchase, possess, propagate, or sell captive wild birds, captive wild mammals, or captive wildlife as specified in subsection (1) of section 37- 477 or to sell parts thereof, except as provided in section 37-505, a person shall apply to the commission on a form prescribed by the commission for a captive wildlife permit. The commission shall adopt and promulgate rules and regulations specifying application requirements and procedures. The permit shall expire on December 31. The application for the permit shall include the applicant's social security number. The annual fee for such permit shall be not more than thirty dollars, as established by the commission pursuant to section 37-327. A holder of a captive wildlife permit shall report to the commission by January 15 for the preceding calendar year on forms provided by the commission. The commission shall adopt and promulgate rules and regulations specifying the requirements for the reports.

(2) A permitholder shall not (a) take wild birds, wild mammals, or wildlife from the wild in Nebraska or (b) purchase wild birds, wild mammals, or wildlife from any person other than the commission or a person authorized to propagate and dispose of wild birds, wild mammals, or wildlife. A permit under this section is not required for possession or production of domesticated cervine animals as defined in section 54-701.03.

(3) It shall be unlawful to lure or entice wildlife into a domesticated cervine animal facility for the purpose of containing such wildlife. Any person violating this subsection shall be guilty of a Class II misdemeanor and upon conviction shall be fined at least one thousand dollars.

Laws 1957, ch. 151, § 3, p. 490; Laws 1981, LB 72, § 21; Laws 1987, LB 379, § 2; Laws 1993, LB 235, § 27; Laws 1997, LB 752, § 92; Laws 1998, LB 922, § 189; Laws 1999, LB 176, § 58; Laws 2008, LB 1162, § 11, eff. July 18, 2008; Laws 2009, LB 105, § 24, eff. Aug. 30, 2009.

 

37-480. Wild birds and wild mammals; disposition; restrictions

(1) Wild birds or wild mammals raised and processed by holders of captive wildlife permits for food trade only shall not be required to be marked as specified in rules and regulations of the commission, but any such dressed and packaged wild bird or wild mammal shall be identified with a label listing the contents of the package, the name of the permitholder, and his or her permit number.

(2) The sale, purchase, or barter of any wild bird or the carcass of a wild bird bearing shot marks or external wounds of any kind is prohibited, except that such wild birds may be bought or sold if they are obtained from the holder of a captive wildlife permit, they are shot in a dog trial approved as a training program by the commission, and they are marked, possessed, and transported according to rules and regulations of the commission.

Laws 1957, ch. 151, § 4, p. 490; Laws 1998, LB 922, § 190; Laws 1999, LB 176, § 59.

 

37-481. Certain wild animals; keeping in captivity; permit not required; when

Sections 37-477 to 37-480 shall not be construed to require the obtaining of a permit for the purpose of keeping in captivity wild birds, wild mammals, or wildlife as specified in subsection (1) of section 37-477 or for the purpose of purchasing, possessing, propagating, selling, bartering, or otherwise disposing of any wild birds, wild mammals, or wildlife as specified in subsection (1) of section 37-477 by (1) any zoo, park, refuge, wildlife area, or nature center owned or operated by a city, village, state, or federal agency or any zoo accredited by the Association of Zoos and Aquariums or the Zoological Association of America or (2) any circus licensed by the United States Department of Agriculture.

Laws 1957, ch. 151, § 5, p. 491; Laws 1969, ch. 296, § 1, p. 1069; Laws 1986, LB 558, § 3; Laws 1998, LB 922, § 191; Laws 1999, LB 176, § 60; Laws 2009, LB 105, § 25, eff. Aug. 30, 2009.

 

37-482. Certain wild animals; keeping in captivity; violations; penalty; officers; entry and inspection authorized

Any person violating the provisions of sections 37-477 to 37-481 shall be guilty of a Class IV misdemeanor. Any conservation officer or other peace officer authorized to enforce the Game Law may, at any time, enter a facility associated with a captive wildlife auction permit or a captive wildlife permit for the purpose of inspecting the facility or enforcing the Game Law.

Laws 1957, ch. 151, § 6, p. 491; Laws 1977, LB 40, § 204; Laws 1998, LB 922, § 192; Laws 1999, LB 176, § 61.

 

(See also Chapter 37. Game and Parks. Article 2. Game Law General Provisions).

 



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