37-504 Violations; penalties; exception. - Nebraska Statutes

37-504. Violations;penalties; exception.(1) Any person who at anytime, except during an open season ordered by the commission as authorizedin the Game Law, unlawfully hunts, traps, or has in his or her possessionany elk, deer, antelope, swan, or wild turkey shall be guilty of a Class IIImisdemeanor and, upon conviction,shall be fined at least five hundred dollars for a violation involving elkand at least two hundred dollars for a violation involving deer, antelope,swan, or wild turkey.(2) Any person who at any time, except during an open seasonordered by the commission as authorized in the Game Law, unlawfully hunts,traps, or has in his or her possession any mountain sheep shall be guiltyof a Class II misdemeanor andshall be fined at least one thousand dollars upon conviction.(3) Any person who at any time, except during an open seasonordered by the commission as authorized in the Game Law, unlawfully hunts,traps, or has in his or her possession any quail, pheasant, partridge, Hungarianpartridge, curlew, grouse, mourning dove, sandhill crane, or waterfowl shall be guilty of a Class IIImisdemeanor and shall be finedat least one hundred dollars upon conviction.(4) Any person who unlawfully takes any game or unlawfullyhas in his or her possession any such game shall be guilty of a Class IIImisdemeanor and, except asotherwise provided in this section and section 37-501, shall be fined at leastfifty dollars upon conviction.(5) Any person who, in violation of the Game Law, takes anymourning dove that is not flying shall be guilty of a Class V misdemeanor.(6) Any person who, in violation of the Game Law, has inhis or her possession any protected bird, or destroys or takes the eggs ornest of any such bird, shall be guilty of a Class V misdemeanor.(7) The provisions of this section shall not render it unlawfulfor anyone operating a captive wildlife facility or an aquaculture facility,pursuant to the laws of this state, to at any time kill game or fish actuallyraised thereon or lawfully placed thereon by such person.(8) A person holding a special permit pursuant to the GameLaw for the taking of any game or any birds not included in the definitionof game shall not be liable under this section while acting under the authorityof such permit. SourceLaws 1929, c. 112, III, § 9, p. 419; C.S.1929, § 37-309; Laws 1937, c. 89, § 10, p. 295; Laws 1941, c. 72, § 4, p. 302; C.S.Supp.,1941, § 37-309; Laws 1943, c. 94, § 8, p. 327; R.S.1943, § 37-308; Laws 1947, c. 134, § 1, p. 377; Laws 1949, c. 104, § 1, p. 283; Laws 1953, c. 123, § 3, p. 387; Laws 1957, c. 139, § 10, p. 469; Laws 1975, LB 142, § 3; Laws 1977, LB 40, § 182; Laws 1981, LB 72, § 16; Laws 1989, LB 34, § 18; Laws 1997, LB 107, § 4; R.S.Supp.,1997, § 37-308; Laws 1998, LB 922, § 224; Laws 1999, LB 176, § 67; Laws 2009, LB105, § 28.AnnotationsPenalty is prescribed for illegal possession of game birds. State v. Allen, 159 Neb. 314, 66 N.W.2d 830 (1954).