37-505 Game animals, birds, or fish; possession or sale prohibited; exceptions; violation; penalty. - Nebraska Statutes

37-505. Game animals, birds, or fish; possession or sale prohibited; exceptions; violation; penalty.(1) It shall be unlawful to buy, sell, or barter the meat or flesh of game animals or game birds whether such animals or birds were killed or taken within or outside this state. Except as otherwise provided in this section, it shall be unlawful to buy, sell, or barter other parts of game animals or game birds.(2) It shall be lawful to buy, sell, or barter only the following parts of legally taken antelope, deer, elk, rabbits, squirrels, and upland game birds: The hides, hair, hooves, bones, antlers, and horns of antelope, deer, or elk, the skins, tails, or feet of rabbits and squirrels, and the feathers or skins of upland game birds.(3) It shall be lawful to pick up, possess, buy, sell, or barter antlers or horns which have been dropped or shed by antelope, deer, or elk. It shall be unlawful to pick up, possess, buy, sell, or barter mountain sheep or any part of a mountain sheep except (a) as permitted by law or rule or regulation of the commission and (b) for possession of mountain sheep or any part of a mountain sheep lawfully obtained in this state or another state or country.(4) The commission may provide by rules and regulations for allowing, restricting, or prohibiting the acquisition, possession, purchase, sale, or barter of discarded parts, including, but not limited to, horns and antlers, or parts of dead game animals and upland game birds which have died from natural causes or causes which were not associated with any known illegal acts, which parts are discovered by individuals.(5) Any domesticated cervine animal as defined in section 54-701.03 or any part of such an animal may be bought, sold, or bartered if the animal or parts are appropriately marked for proof of ownership according to rules and regulations adopted and promulgated by the Department of Agriculture.(6) It shall be unlawful to buy, sell, or barter any sport fish protected by the Game Law at any time whether the fish was killed or taken within or outside this state, except that game fish lawfully shipped in from outside this state by residents of this state or fish lawfully acquired from a person having an aquaculture permit or, in the case of bullheads, pursuant to section 37-545 may be sold in this state. The burden of proof shall be upon any such buyer, seller, or possessor to show by competent and satisfactory evidence that any game fish in his or her possession or sold by him or her was lawfully shipped in from outside this state or was lawfully acquired from one of such sources.(7) Any person violating this section shall be guilty of a Class III misdemeanor and shall be fined at least fifty dollars. SourceLaws 1929, c. 112, V, § 5, p. 427; C.S.1929, § 37-505; Laws 1931, c. 72, § 2, p. 194; Laws 1937, c. 89, § 12, p. 297; C.S.Supp.,1941, § 37-505; R.S.1943, § 37-505; Laws 1945, c. 81, § 1, p. 300; Laws 1945, c. 80, § 2, p. 299; Laws 1959, c. 154, § 2, p. 581; Laws 1961, c. 169, § 7, p. 506; Laws 1961, c. 174, § 2, p. 517; Laws 1963, c. 200, § 2, p. 648; Laws 1967, c. 216, § 12, p. 587; Laws 1972, LB 556, § 1; Laws 1981, LB 72, § 17; Laws 1985, LB 557, § 9; Laws 1989, LB 34, § 28; Laws 1989, LB 166, § 2; Laws 1989, LB 172, § 1; Laws 1991, LB 341, § 1; Laws 1993, LB 235, § 24; Laws 1994, LB 1165, § 10; Laws 1995, LB 718, § 1; Laws 1997, LB 107, § 5; Laws 1997, LB 752, § 90; R.S.Supp.,1997, § 37-505; Laws 1998, LB 922, § 225.