37-411 Hunting, fishing, or fur harvesting without permit; unlawful; exceptions; violations; penalties. - Nebraska Statutes

37-411. Hunting, fishing,or fur harvesting without permit; unlawful; exceptions; violations; penalties.(1) Unless issued a permit as required in the Game Law, itshall be unlawful:(a) For any resident of Nebraska who is sixteen years of ageor older or any nonresident of Nebraska to engage in fur harvesting or possessany fur-bearing animal or raw fur, except that a person may possess a fur-bearinganimal or raw fur for up to ten days after expiration of a valid permit. Nonresidentfur-harvesting permits may be issued only to residents of states which issuesimilar permits to residents of Nebraska;(b) For any resident of Nebraska who is sixteen years of ageor older or any nonresident of Nebraska to hunt or possess any kind of gamebirds, game animals, or crows;(c) For any person who is sixteen years of age or older tohunt or possess any migratory waterfowl without a federal migratory bird huntingstamp and a Nebraska migratory waterfowl stamp as required under the GameLaw and rules and regulations of the commission; or(d) For any person who is sixteen years of age or older totake any kind of fish, bullfrog, snapping turtle, tiger salamander, or musselfrom the waters of this state or possess the same except as provided in section 37-402. All nonresident anglers under sixteen years of age shall be accompaniedby a person who has a valid fishing permit.(2) It shall be unlawful for a nonresident to hunt or possessany kind of game birds or game animals, to take any kind of fish, mussel,turtle, or amphibian, or to harvest fur with a resident permit illegally obtained.(3) It shall be unlawful for anyone to do or attempt to doany other thing for which a permit is required by the Game Law without firstobtaining such permit and paying the fee required.(4) Any nonresident who hunts or has in his or her possessionany wild mammal or wild bird shall first have a nonresident hunting permitas required under the Game Law and rules and regulations of the commission.(5) Any nonresident who takes or has in his or her possessionany wild turtle, mussel, or amphibian shall first have a nonresident fishingpermit as required under the Game Law and rules and regulations of the commission.(6) Except as provided in this section and sections 37-407and 37-418, it shall be unlawful for any nonresident to trap or attempt totrap or to harvest fur or attempt to harvest fur from any wild mammal.(7)(a) Any person violating this section shallbe guilty of a Class II misdemeanor and,upon conviction, shall be fined at least fifty dollars for failure to hold the appropriate stampunder subdivision (1)(c) of this section, at least one hundred dollars forfailure to hold a fishing permit, at least one hundred fifty dollars for failureto hold a small game, fur-harvesting, paddlefish, or deer permit, at leasttwo hundred fifty dollars for failure to hold an antelope permit, at leastfive hundred dollars for failure to hold an elk permit, and at least one thousanddollars for failure to hold a mountain sheep permit.(b) If the offense is failure to hold a hunting, fishing,fur-harvesting, deer, turkey, or antelope permit as required, unless issuanceof the required permit is restricted so that permits are not available, thecourt shall require the offender to purchase the required permit and exhibitproof of such purchase to the court. SourceLaws 1929, c. 112, II, § 13, p. 412; C.S.1929, § 37-213; Laws 1937, c. 89, § 4, p. 292; Laws 1941, c. 72, § 3, p. 301; C.S.Supp.,1941, § 37-213; R.S.1943, § 37-213; Laws 1949, c. 102, § 2, p. 280; Laws 1957, c. 139, § 5, p. 466; Laws 1959, c. 149, § 2, p. 565; Laws 1959, c. 150, § 4, p. 571; Laws 1959, c. 154, § 1, p. 580; Laws 1961, c. 169, § 2, p. 502; Laws 1961, c. 171, § 1, p. 511; Laws 1965, c. 194, § 2, p. 592; Laws 1965, c. 197, § 1, p. 598; Laws 1967, c. 216, § 5, p. 581; Laws 1972, LB 777, § 2; Laws 1973, LB 331, § 3; Laws 1977, LB 40, § 176; Laws 1978, LB 75, § 1; Laws 1979, LB 435, § 1; Laws 1979, LB 553, § 2; Laws 1981, LB 72, § 9; Laws 1987, LB 105, § 4; Laws 1987, LB 171, § 1; Laws 1989, LB 34, § 11; Laws 1989, LB 127, § 1; Laws 1993, LB 235, § 10; Laws 1996, LB 584, § 5; R.S.Supp.,1996, § 37-213; Laws 1998, LB 922, § 121; Laws 1999, LB 176, § 23; Laws 1999, LB 404, § 23; Laws 2003, LB 305, § 8; Laws 2005, LB 162, § 3; Laws 2009, LB105, § 7. Cross ReferencesPredatory animals, subject to destruction, see sections 23-358 and 81-2,236. AnnotationsLegislature was constitutionally free to determine by what authority licenses should be imposed upon those desiring to hunt and fish. State ex rel. Stevens v. Nickerson, 97 Neb. 837, 151 N.W. 981 (1915).