37-613 Wildlife; prohibited acts; liquidated damages; schedule; disposition. - Nebraska Statutes

37-613. Wildlife; prohibitedacts; liquidated damages; schedule; disposition.(1)Any person who sells, purchases, takes, or possesses contrary to the GameLaw any wildlife shall be liable to the State of Nebraska for the damagescaused thereby. Such damages shall be:(a) Fifteen thousand dollars foreach mountain sheep;(b) Five thousanddollars for each elk with a minimum of twelve total points and one thousandfive hundred dollars for any other elk;(c) Five thousand dollars for each whitetaildeer with a minimum of eight total points and an inside spread between beamsof at least eighteen inches, one thousand dollars for any other antlered whitetaildeer, and two hundred fifty dollars for each antlerless whitetail deer andwhitetail doe deer;(d) Five thousand dollars for each mule deer with a minimum ofeight total points and an inside spread between beams of at least twenty-fourinches and one thousand dollars for any other mule deer;(e) Five thousanddollars for each antelope with the shortest horn measuring a minimum of fourteeninches in length and one thousand dollars for any other antelope;(f) One thousand five hundreddollars for each bear or moose or each individualanimal of any threatened or endangeredspecies of wildlife not otherwiselisted in this subsection;(g) Five hundreddollars for each mountain lion, lynx, bobcat, river otter, or raw pelt thereof;(h) Twenty-fivedollars for each raccoon, opossum, skunk, or raw pelt thereof;(i) Five thousanddollars for each eagle;(j) Onehundred dollars for each wild turkey;(k) Twenty-fivedollars for each dove;(l) Seventy-fivedollars for each other game bird, other game animal, other fur-bearing animal, raw pelt thereof, or nongamewildlife in need of conservation as designated by the commission pursuantto section 37-805, not otherwiselisted in this subsection;(m) Fifty dollars for eachwild bird not otherwise listed in this subsection;(n) Sevenhundred fifty dollars for each swan or paddlefish;(o) Two hundred dollarsfor each master angler fish measuring more than twelve inches in length;(p) Fifty dollars for eachgame fish measuring more than twelve inches in length not otherwise listed in this subsection;(q)Twenty-five dollars for each other game fish; and(r) Fifty dollars for anyother species of game not otherwise listed in this subsection.(2) The commissionshall adopt and promulgate rules and regulations to provide for a list ofmaster angler fish which are subject to this section and to prescribe guidelinesfor measurements and point determinations as required by this section. Thecommission may adopt a scoring system which is uniformly recognized for thispurpose.(3) Such damages may be collectedby the commission by civil action. In every case of conviction for any ofsuch offenses, the court or magistrate before whom such conviction is obtainedshall further enter judgment in favor of the State of Nebraska and againstthe defendant for liquidated damages in the amount set forth in this sectionand collect such damages by execution or otherwise. Failure to obtain convictionon a criminal charge shall not bar a separate civil action for such liquidateddamages. Damages collected pursuant to this section shall be remitted to thesecretary of the commission who shall remit them to the State Treasurer forcredit to the State Game Fund. SourceLaws 1929, c. 112, VI, § 14, p. 437; C.S.1929, § 37-614; R.S.1943, § 37-614; Laws 1949, c. 105, § 1, p. 285; Laws 1957, c. 139, § 17, p. 472; Laws 1989, LB 34, § 43; Laws 1989, LB 43, § 1; R.S.1943, (1993), § 37-614; Laws 1998, LB 922, § 303; Laws 1999, LB 176, § 88; Laws 2001, LB 130, § 5; Laws 2009, LB105, § 34.