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Nebraska

West's Revised Statutes of Nebraska Annotated. Chapter 37. Game and Parks. Article 5. Regulations and Prohibited Acts. (f) Interference with Person Hunting, Trapping, or Fishing

Statute Details
Printable Version
Citation: NE ST 37-564 to 37-571

Citation: Neb. Rev. St. 37-564 to 37-571


Last Checked by Web Center Staff: 02/2013

Summary:   This set of laws represents Nebraska's hunter harassment provisions. The section provides that no person shall knowingly and intentionally interfere or attempt to interfere with another person who is not trespassing and who is lawfully hunting, trapping, or fishing or engaged in activity associated with hunting, trapping, or fishing. A court may enjoin conduct described under the section. The section states that it is an affirmative defense where the alleged violator was not trespassing at the time of the interference and was engaged in lawful activity in conflict with the hunting, trapping, or fishing activity. Any person violating section 37-564 shall be guilty of a Class III misdemeanor.


Statute in Full:

 

37-564. Interference with person hunting, trapping, or fishing

(1) No person shall knowingly and intentionally interfere or attempt to interfere with another person who is not trespassing and who is lawfully hunting or trapping any game bird, game animal, fur-bearing animal, or other wild mammal or bird or engaged in activity associated with hunting or trapping.

(2) No person shall knowingly and intentionally interfere or attempt to interfere with another person who is not trespassing and who is lawfully fishing or engaged in activity associated with fishing.

(3) For purposes of this section, (a) activity associated with hunting, trapping, or fishing shall mean travel, camping, or other acts that are preparatory to or in conjunction with hunting, trapping, or fishing on lands or waters upon which hunting, trapping, or fishing may lawfully occur and that are done by a hunter, a trapper, or an angler or by a member of a hunting, trapping, or fishing party and (b) interfere shall mean (i) disturbing, scaring, chasing, or otherwise driving away by any means any game bird, game animal, fur-bearing animal, other wild mammal or bird, or game fish, but shall not include releasing a non-fur-bearing animal, except a coyote, from a trap, (ii) impeding or obstructing a person who is hunting, trapping, or fishing, (iii) impeding or obstructing a person who is engaged in an activity associated with hunting, trapping, or fishing, (iv) affecting the condition or location of personal property intended for use in hunting, trapping, or fishing, and (v) intentionally placing himself or herself into the line of fire for the purpose of interfering with lawful hunting or trapping.

CREDIT(S)

Laws 1995, LB 274, § 2; Laws 1998, LB 922, § 284.

 

37-565. Interference with person hunting, trapping, or fishing; injunction

A court may enjoin conduct described in section 37-564 upon petition by a person affected or by a person who may reasonably be affected by such conduct upon a showing that such conduct is threatened or that it has occurred on a particular premises in the past and that it is not unreasonable to expect such conduct will be repeated.

CREDIT(S)

Laws 1995, LB 274, § 3; Laws 1998, LB 922, § 285.


 

37-566. Interference with person hunting, trapping, or fishing; affirmative defense

It shall be an affirmative defense in any action brought for violation of section 37-564 that the person against whom such action is brought was not trespassing at the time of the alleged intentional interference or attempted interference and was engaged in a lawful activity in conflict with hunting, trapping, or fishing or activity associated with hunting, trapping, or fishing described in such section.

CREDIT(S)

Laws 1995, LB 274, § 4; Laws 1998, LB 922, § 286.


 

37-567. Interference with person hunting, trapping, or fishing; aiding or assisting prohibited

It shall be unlawful for any person to aid or assist a person who is in violation of section 37-564.

CREDIT(S)

Laws 1998, LB 922, § 287.


 

37-568. Interference with person hunting, trapping, or fishing; prohibited acts

It shall be unlawful for any person to use any aircraft, vessel, vehicle, snowmobile, or other conveyance, firearm, bow and arrow, projectile, device, radio, an electronic device, or other equipment in the commission of any of the acts prohibited under section 37-564 or 37-567.

CREDIT(S)

Laws 1998, LB 922, § 288.


 

37-569. Sections; how construed

Nothing in sections 37-564 to 37-568 shall prohibit authorized personnel of the commission or the United States Department of the Interior in the administration and management of wildlife resources.

CREDIT(S)

Laws 1998, LB 922, § 289.


 

37-570. Interference with person hunting, trapping, or fishing; violation; penalty; use of aircraft, vessel, or vehicle; destruction of property; liability

Any person violating section 37-564 shall be guilty of a Class III misdemeanor. In addition, any person who damages crops, fields, livestock, fences, gates, timber, water, or any other property by the use of any aircraft, vessel, vehicle, snowmobile, or other conveyance shall be liable to the property owner.

CREDIT(S)

Laws 1978, LB 828, § 7; Laws 1998, LB 922, § 290.

 



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