§ 37-314 — Commission; rules and regulations; commission orders; powers; public hearing; notice; seasons; opening and closing; powers of commission; violations; penalty

Nebraska § 37-314

• Jurisdiction: Nebraska
• Ch. 37: Game and Parks

Text

(1) The commission may, in accordance with the Game
Law, other provisions of law, and lawful rules and regulations, fix, prescribe,
and publish rules and regulations regarding the methods or type,
kind, and specifications of hunting, fur-harvesting, or fishing gear used
in the taking of any game, game fish, nongame fish, game animals, fur-bearing
animals, or game birds. Such rules
and regulations may be amended, modified, or repealed from time to time and shall
be based upon investigation and available but reliable data relative to such
limitations and standards.
(2) The commission may,
in accordance with the Game Law, other provisions of law, and lawful rules
and regulations, pass and publish commission orders regarding (a) conservation
orders authorized by the United States Fish and Wildlife Service, (b) open
seasons and closed seasons, either permanent or temporary, (c) bag limits,
including the age, sex, species, or area of the state in which any game, game
fish, nongame fish, game animals, fur-bearing animals, or game birds may be
taken, or (d) the taking of any particular kinds, species, or sizes of game,
game fish, nongame fish, game animals, fur-bearing animals, and game birds
in any designated waters or areas of this state. The commission may pass such
commission orders after due investigation and having due regard to the distribution,
abundance, economic value, breeding habits, migratory habits, and causes of
depletion or extermination of the same in such designated waters or areas
and having due regard to the volume of the hunting, fur harvesting, and fishing
practiced therein and the climatic, seasonal, and other conditions affecting
the protection, preservation, and propagation of the same in such waters or
areas. The commission orders may be amended, modified, or repealed from time
to time. Commission orders shall be based upon investigation and available
but reliable data relative to such limitations and standards.
(3) The commission shall hold at least
one public hearing in accordance with section 37-104 on each proposed commission
order or amendment, modification, or repeal of a commission order and shall
hold at least one public hearing in accordance with section 37-104 , in addition
to all other requirements of the Administrative Procedure Act, on each proposed
rule and regulation or amendment, modification, or repeal of a rule or regulation.
The commission shall give notice of such hearing to the public at least thirty
days prior to the hearing by posting it on the commission's website. No commission
order shall be valid against any person until fifteen days after such order
has been posted on the commission's website. Each rule, regulation, amendment,
modification, and repeal shall specify the date when it shall become effective
and while it remains in effect shall have the force and effect of law.
(4) Regardless of the provisions
of this section or of other provisions of the Game Law
which empower the commission to set seasons on game birds, fish, or animals
or provide the means and method by which such seasons are set or promulgated
and regardless of the provisions of the Administrative Procedure Act, the
commission may close or reopen any open season previously set on game birds,
fish, or animals in all or any specific portion of the state. The commission
shall only close or reopen such seasons by majority vote at a valid special
meeting called under section 37-104 and other provisions of statutes regarding
the holding of public meetings. Any closing or reopening of an open season
previously set by the commission shall not be effective for at least twenty-four
hours after such action by the commission. The commission shall make every
effort to make available to all forms of the news media the information on
any opening or closing of any open season on game birds, fish, or animals
previously set. The commission may only use this special provision allowing
the commission to open or close game bird, fish, or animal seasons previously
set in emergency situations in which the continuation of the open season would
result in grave danger to human life or property or to bird, fish, or wild animal populations.
The commission may also close or reopen any season established by a conservation
order under the same provisions pertaining to closing and reopening seasons
in this section.
(5) Any person violating the
rules and regulations adopted and promulgated or commission orders passed pursuant to this
section shall be guilty of a Class III misdemeanor and shall be fined at least
one hundred dollars upon conviction.

Legislative History

Source: Laws 1929, c. 112, III, § 1, p. 413; C.S.1929, § 37-301; Laws 1931, c. 70, § 1, p. 190; Laws 1937, c. 89, § 5, p. 292; C.S.Supp.,1941, § 37-301; Laws 1943, c. 94, § 5, p. 324; R.S.1943, § 37-301; Laws 1957, c. 242, § 31, p. 844; Laws 1972, LB 777, § 4; Laws 1972, LB 1284, § 14; Laws 1975, LB 489, § 2; Laws 1981, LB 72, § 13; Laws 1989, LB 34, § 12; R.S.1943, (1993), § 37-301; Laws 1998, LB 922, § 72; Laws 1999, LB 176, § 14; Laws 2009, LB105, § 3; Laws 2013, LB499, § 2. Cross References: Administrative Procedure Act, see section 84-920. Annotations: Commission is authorized to prescribe regulations for open and closed seasons. State v. Allen, 159 Neb. 314, 66 N.W.2d 830 (1954).