37-314 Seasons; opening and closing; powers of commission; rules and regulations; violations; penalty. - Nebraska Statutes

37-314. Seasons; openingand closing; powers of commission; rules and regulations; violations; penalty.(1)The commission may, in accordance with the Game Law, other provisions of law,and lawful rules and regulations, fix, prescribe, and publish rules and regulationsas to open seasons and closed seasons, either permanent or temporary, as toconservation orders or similar wildlife management activities authorized bythe United States Fish and Wildlife Service, as to bag limits or the methodsor type, kind, and specifications of hunting, fur-harvesting, or fishing gearused in the taking of any game, game fish, nongame fish, game animals, fur-bearinganimals, or game birds, as to the age, sex, species, or area of the statein which any game, game fish, nongame fish, game animals, fur-bearing animals,or game birds may be taken, or as to the taking of any particular kinds, species,or sizes of game, game fish, nongame fish, game animals, fur-bearing animals,and game birds in any designated waters or areas of this state after due investigationand having due regard to the distribution, abundance, economic value, breedinghabits, migratory habits, and causes of depletion or extermination of thesame in such designated waters or areas and having due regard to the volumeof the hunting, fur harvesting, and fishing practiced therein and the climatic,seasonal, and other conditions affecting the protection, preservation, andpropagation of the same in such waters or areas. Such rules and regulationsmay be amended, modified, or repealed from time to time, subject to such limitationsand standards, and such rules and regulations and all amendments, modifications,and repeals thereof shall be based upon investigation and available but reliabledata relative to such limitations and standards.(2) Each such rule, regulation, amendment, modification, andrepeal shall specify the date when it shall become effective and while itremains in effect shall have the force and effect of law.(3) Regardless of the provisions of this section or of othersections of the Game Law which empower the commission to set seasons on gamebirds, fish, or animals or provide the means and method by which such seasonsare set or promulgated and regardless of the provisions of the AdministrativeProcedure Act, the commission may close or reopen any open season previouslyset on game birds, fish, or animals in all or any specific portion of thestate. The commission shall only close or reopen such seasons by majorityvote at a valid special meeting called under section 37-104 and other provisionsof statutes regarding the holding of public meetings. Any closing or reopeningof an open season previously set by the commission shall not be effectivefor at least twenty-four hours after such action by the commission. The commissionshall make every effort to make available to all forms of the news media theinformation on any opening or closing of any open season on game birds, fish,or animals previously set. The commission may only use this special provisionallowing the commission to open or close game bird, fish, or animal seasonspreviously set in emergency situations in which the continuation of the openseason would result in grave danger to human life or property. The commissionmay also close or reopen any season established by a conservation order underthe same provisions pertaining to closing and reopening seasons in this section.(4) Any personviolating the rules and regulations adopted and promulgated pursuant to thissection shall be guilty of a Class III misdemeanor and shall be fined at leastone hundred dollars upon conviction. SourceLaws 1929, c. 112, III, § 1, p. 413; C.S.1929, § 37-301; Laws 1931, c. 70, § 1, p. 190; Laws 1937, c. 89, § 5, p. 292; C.S.Supp.,1941, § 37-301; Laws 1943, c. 94, § 5, p. 324; R.S.1943, § 37-301; Laws 1957, c. 242, § 31, p. 844; Laws 1972, LB 777, § 4; Laws 1972, LB 1284, § 14; Laws 1975, LB 489, § 2; Laws 1981, LB 72, § 13; Laws 1989, LB 34, § 12; R.S.1943, (1993), § 37-301; Laws 1998, LB 922, § 72; Laws 1999, LB 176, § 14; Laws 2009, LB105, § 3. Cross ReferencesAdministrative Procedure Act, see section 84-920. AnnotationsCommission is authorized to prescribe regulations for open and closed seasons. State v. Allen, 159 Neb. 314, 66 N.W.2d 830 (1954).