This statute provides that a farmer or rancher may kill a predator that threatens agricultural or livestock interests without first having obtained a permit. The provision does not allow a farmer or rancher to destroy those species protected under the federal Endangered Species Act, the Bald and Golden Eagle Protection Act, and other listed federal wildlife acts.
37-559. Destruction of predators; permit required; when; mountain lion; actions authorized
(1) Any farmer or rancher owning or operating a farm or ranch may destroy or have destroyed any predator preying on livestock or poultry or causing other agricultural depredation on land owned or controlled by him or her without a permit issued by the commission. For purposes of this subsection, predator means a badger, bobcat, coyote, gray fox, long-tailed weasel, mink, opossum, raccoon, red fox, or skunk.
(2) Any farmer or rancher owning or operating a farm or ranch, or his or her agent, may kill a mountain lion immediately without prior notice to or permission from the commission if he or she encounters a mountain lion and the mountain lion is in the process of stalking, killing, or consuming livestock on the farmer's or rancher's property. The farmer or rancher or his or her agent shall be responsible for immediately notifying the commission and arranging with the commission to transfer the mountain lion to the commission.
(3) Any person shall be entitled to defend himself or herself or another person without penalty if, in the presence of such person, a mountain lion stalks, attacks, or shows unprovoked aggression toward such person or another person.
(4) This section shall not be construed to allow a farmer or rancher or his or her agent to destroy or have destroyed species which are protected by the Nongame and Endangered Species Conservation Act or rules and regulations adopted and promulgated under the act, the federal Endangered Species Act of 1973, as amended, 16 U.S.C. 1531 et seq., the federal Fish and Wildlife Coordination 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 federal regulations under such federal acts.
Laws 1998, LB 922, § 279; Laws 2010, LB 836, § 4, eff. July 15, 2010.
37-560. Deer, antelope, or elk causing damage to property; removal; disposition of carcass
The commission is authorized, when written request has been filed by the property owner, to remove by any means at any time any deer, antelope, or elk causing damage to real or personal property. If it is necessary to kill any such deer, antelope, or elk to remove the same, the carcass thereof shall first be offered for human consumption. If human consumption is not possible, such carcass may be sold or disposed of in any other manner. The commission may adopt and promulgate rules and regulations to carry out this section.
Laws 1949, ch. 103, § 1(2), p. 282; Laws 1953, ch. 124, § 2, p. 390; Laws 1969, ch. 293, § 1, p. 1066; Laws 1985, LB 557, § 3; Laws 1996, LB 1044, § 94; Laws 1998, LB 922, § 280; Laws 1999, LB 176, § 83; Laws 2001, LB 130, § 4.
37-561. Predatory animals; explosive traps; poison gas; lawful use; exceptions; posting of signs
(1) It shall be lawful to use any device which (a) is operated by the explosion of small amounts of gunpowder or other explosives, (b) is designed to discharge poison into the mouth of a wolf, coyote, fox, wildcat, or other predatory animals upon the grabbing or seizing of the bait attached to such device by such predatory animals, (c) does not discharge any ball, slug, shot, or other missile, and (d) does not endanger the life and limb of any human being or animal, other than a predatory animal, during the legal trapping season for fur-bearing animals. Such device may be used at any time by any agency of the commission or of the federal government or by persons having the written permission of the commission. Such lawful device when used shall be set not less than two hundred yards from any federal, state, or approved county highway and not less than one thousand yards from any school or from any inhabited dwelling without written permission of the resident of the dwelling. Such device shall not be used on another person's property without the written permission of the owner or operator.
(2) It shall be unlawful to use any of such devices unless the user shall, in addition to the other requirements of this section, post the land upon which the devices are emplaced with signs at least eighteen inches square and with block letters at least two inches in height and displaying the words DANGER, CYANIDE GUNS IN USE or with the official signs furnished for such a purpose by the United States Department of Agriculture. Such signs shall be placed at all entrances to the area where such devices are set, and a post shall be set by each such device displaying at least two of such signs in a manner so that such signs are plainly legible from all directions.
Laws 1945, ch. 83, § 2, p. 302; Laws 1963, ch. 207, § 1, p. 663; Laws 1967, ch. 221, § 1, p. 596; Laws 1998, LB 922, § 281.
37-562. Repealed by Laws 2011, LB 41, § 31, eff. August 27, 2011
HISTORICAL AND STATUTORY NOTES
The repealed section, which related to beaver or muskrat destruction, was derived from:
Laws 1945, ch. 79, § 1(3), (4), (5).
Laws 1961, ch. 173, § 1.
Laws 1981, LB 72, § 15.
R.S. 1943, (1993), § 37-304.02
Laws 1993, LB 235, § 19.
Laws 1998, LB 922, § 282.
Laws 2003, LB 306, § 19.
37-563. Nuisance birds; commission; powers
The commission may adopt, promulgate, and publish rules and regulations for the control of individual nuisance birds or populations of such birds to reduce or avert depredation upon ornamental or shade trees, agricultural crops, livestock, or wildlife or when concentrated in such numbers and manner as to constitute a health hazard or other nuisance. Such rules and regulations shall specify the species which may be controlled, the circumstances under which control is to be permitted, and the control methods which may be employed.
Laws 1998, LB 922, § 283.