§ 37-528 — Administration of drugs to wildlife; prohibited acts; violation; penalty; section, how construed; powers of conservation officer

(1) For purposes
of this section, drug means any chemical substance, other than food, that
affects the structure or biological function of any wildlife under the jurisdiction
of the commission.
(2) Except with written authorization from the secretary of
the commission or his or her designee or as otherwise provided by law, a person
shall not administer a drug to any wildlife under the jurisdiction of the
commission, including, but not limited to, a drug used for fertility control,
disease prevention or treatment, immobilization, or growth stimulation.
(3) This section does not prohibit the treatment of wildlife
to prevent disease or the treatment of sick or injured wildlife by a licensed
veterinarian, a holder of a federal migrating bird rehabilitation permit,
a holder of a permit regulated under the authority of section 37-316 , a holder
of a permit regulated under the authority of section 37-4,106 , or a holder
of a license regulated under the authority of section 37-4,108 .
(4) This section shall not be construed to limit employees
of agencies of the state or the United States or employees of an animal control
facility, animal rescue, or
animal shelter licensed under section 54-627 in the performance of their official
duties related to public health or safety, wildlife management, or wildlife
removal, except that a drug shall not be administered by any person for fertility
control or growth stimulation except as provided in subsection (2) of this
section.
(5) A conservation officer may take possession or dispose
of any wildlife under the jurisdiction of the commission that the officer
reasonably believes has been administered a drug in violation of this section.
(6) A person who violates this section is guilty of a Class
IV misdemeanor.

Legislative History

Source: Laws 2009, LB105, § 33; Laws 2010, LB910, § 2.