37-708 Game refuges; prohibited acts; exceptions. - Nebraska Statutes

37-708. Game refuges; prohibited acts; exceptions.(1) It shall be unlawful within the boundaries of the state game refuges designated in section 37-706 for any person (a) to hunt or chase with dogs any game birds, game animals, or other birds or animals of any kind or description whatever, (b) to carry firearms of any kind, or (c) from October 15 through January 15 each year to operate a motorboat as defined in section 37-1204.(2) This section shall not prevent highway or railroad transport of firearms or dogs across the refuge, retrieval of game birds lawfully killed from such refuge, or the taking of fur-bearing animals by the use of traps during lawful open seasons on the refuge.(3) This section shall not prevent the commission from issuing such permits as may be necessary for the killing of animal or bird predators that may endanger game birds or game animals or the domestic property of adjacent landowners or from issuing permits as provided in sections 37-447 to 37-452 for the taking of deer from such refuges whenever the number of deer on such refuges is deemed detrimental to habitat conditions on the refuges or to adjacent privately owned real or personal property.(4) This section shall not prevent the owners of land or dwellings or their relatives or invitees from operating any motorboat within the boundaries of the refuge for purposes of access by the most direct route to and from such land or dwellings. SourceLaws 1939, c. 43, § 3, p. 202; C.S.Supp.,1941, § 37-430; R.S.1943, § 37-420; Laws 1947, c. 135, § 4, p. 380; Laws 1965, c. 202, § 1, p. 605; Laws 1993, LB 235, § 20; R.S.1943, (1993), § 37-420; Laws 1998, LB 922, § 322. AnnotationsGame Refuge Act was sustained as constitutional against contention that it was special law for protection of game and fish. Bauer v. State Game, Forestation and Parks Com., 138 Neb. 436, 293 N.W. 282 (1940).