37-426 Taking birds, animals, and aquatic organisms; stamps; when required; exhibit on request; fees. - Nebraska Statutes

37-426. Taking birds,animals, and aquatic organisms; stamps; when required; exhibit on request;fees.(1) Except as provided in subsection (4)of this section:(a) No resident of Nebraska sixteen years of age or olderand no nonresident of Nebraska regardless of age shall hunt, harvest, or possessany game bird, upland game bird, game animal, or fur-bearing animal unless,at the time of such hunting, harvesting, or possessing, such person has anunexpired habitat stamp as prescribed by the rules and regulations of thecommission prior to the time of hunting, harvesting, or possessing such birdor animal;(b) No resident or nonresident of Nebraska shall take orpossess any aquatic organism requiring a Nebraska fishing permit, includingany fish, bullfrog, snapping turtle, tiger salamander, or mussel, unless,at the time of such taking or possessing, such person has an unexpired aquatichabitat stamp as prescribed by the rules and regulations of the commissionprior to the time of taking or possessing a fish, bullfrog, snapping turtle,tiger salamander, or mussel; and(c) No resident of Nebraska sixteen years of age or olderand no nonresident of Nebraska regardless of age shall hunt, harvest, or possessany migratory waterfowl unless, at the time of such hunting, harvesting, orpossessing, such person has an unexpired Nebraska migratory waterfowl stampas prescribed by the rules and regulations of the commission prior to thetime of hunting, harvesting, or possessing such migratory waterfowl.(2)(a) The commission may issue a lifetime habitat stampupon application and payment of the appropriate fee. The fee for a lifetimehabitat stamp shall be twenty times the fee required in subsection (5) ofthis section for an annual habitat stamp. Payment of such fee shall be madein a lump sum at the time of application. A replacement lifetime habitat stampmay be issued if the original is lost or destroyed. The fee for a replacementshall be not more than five dollars, as establishedby the commission.(b) The commission may issue a lifetime Nebraska migratorywaterfowl stamp upon application and payment of the appropriate fee. The feefor a lifetime Nebraska migratory waterfowl stamp shall be twenty times thefee required in subsection (5) of this section for an annual Nebraska migratorywaterfowl stamp. Payment of such fee shall be made in a lump sum at the timeof application. A replacement Nebraska lifetime migratory waterfowl stampmay be issued if the original is lost or destroyed. The fee for a replacementshall be not more than five dollars, as establishedby the commission.(3) The commission may issue a lifetime aquatic habitat stampupon application and payment of the appropriate fee. The fee for a lifetimeaquatic habitat stamp shall be not more than two hundred dollars as established by the commissionpursuant to section 37-327. Payment of such fee shall be made in a lump sumat the time of application. A lifetime aquatic habitat stamp shall not bemade invalid by reason of the holder subsequently residing outside the state.A replacement lifetime aquatic habitat stamp may be issued if the originalis lost or destroyed. The fee for a replacement shall be not more than five dollars,as established by the commission.(4) Habitat stamps are not required for holders of limitedpermits issued under section 37-455. Aquatic habitat stamps are not required(a) when a fishing permit is not required, (b) for holders of permits pursuantto section 37-424, or (c) for holders of lifetime fishing permits or lifetimecombination hunting and fishing permits purchased prior to January 1, 2006.Nebraska migratory waterfowl stamps are not required for hunting, harvesting,or possessing any species other than ducks, geese, or brant. For purposesof this section, a showing of proof of the electronic issuance of a stampby the commission shall fulfill the requirements of this section.(5) Any person to whom a stamp has been issued shall, immediatelyupon request, exhibit evidence of issuance of the stamp to any officer. Anyperson hunting, fishing, harvesting, or possessing any game bird, upland gamebird, game animal, or fur-bearing animal or any aquatic organism requiringa fishing permit in this state without evidence of issuance of the appropriatestamp shall be deemed to be without such stamp. A habitat stamp shall be issuedupon the payment of a fee of twenty dollarsper stamp. An aquatic habitat stamp shall be issued in conjunction with eachfishing permit for a fee of ten dollars per stampfor annual fishing permits, three-day fishing permits, or combination huntingand fishing permits and a fee of not more than two hundreddollars for lifetime fishing or combination hunting and fishing permits. Thefee established under section 37-407 for a one-day fishing permit shall includean aquatic habitat stamp. One dollar from the sale of each one-day fishingpermit shall be remitted to the State Treasurer for credit to the NebraskaAquatic Habitat Fund. A Nebraska migratory waterfowl stamp shall be issuedupon the payment of a fee of not more than sixteen dollars per stamp.The commission shall establish the fees pursuant to section 37-327. SourceLaws 1976, LB 861, § 7; Laws 1981, LB 72, § 12; Laws 1983, LB 170, § 3; Laws 1991, LB 340, § 1; Laws 1993, LB 235, § 15; Laws 1996, LB 584, § 9; Laws 1997, LB 19, § 3; R.S.Supp.,1997, § 37-216.01; Laws 1998, LB 922, § 136; Laws 1999, LB 176, § 27; Laws 2001, LB 111, § 6; Laws 2002, LB 1003, § 20; Laws 2003, LB 305, § 11; Laws 2003, LB 306, § 3; Laws 2005, LB 162, § 8; Laws 2007, LB299, § 4; Laws 2008, LB1162, § 2; Laws 2009, LB105, § 10.