§ 37-554 — Explosives or poison; use in waters prohibited; penalties; exceptions; permit

(1) Any person who (a) explodes, causes to be exploded, or aids or abets in the explosion of any dynamite, giant powder, bomb, or other explosive in any lake, river, stream, pond, bay, bayou, or other waters in this state with the intent thereby to stun, take, or possess any fish therein, (b) places or aids or abets in placing any bomb or explosive in any waters of this state for the purpose of exploding the same with such intent, or (c) places or aids or abets in placing lime or other poisonous or noxious substance in any of the waters of this state with such intent, shall be guilty of a Class IV felony. This subsection shall not prohibit the commission from using or authorizing the use by written agreement of chemicals and other substances for fish management purposes.
(2) It shall be unlawful to explode or cause to be exploded for any purpose any giant powder, dynamite, or other explosives in any lake, river, stream, pond, bay, bayou, or other waters of this state without first obtaining from the commission an order permitting it to be done, except that this shall not apply when, to safeguard public or private property from damage by ice gorges, immediate use of explosives is necessitated. Whenever, in the course of removing any obstruction in any waters within this state or in constructing any foundation for dams, bridges, or other structures, any person desires to explode any giant powder, dynamite, or other explosive in any such waters, he or she shall, before doing so, file a verified application with the commission setting forth his or her plans and objects, the time or times when he or she desires to use the explosive, and the necessity for using it. If it reasonably appears that the use of explosives in such waters is necessary to the advancement of a useful work or project, the commission shall grant leave for the use thereof, designating the place or places and period within which the explosives may be used and prescribing such precautions as will save the fish from injury. If any such person disregards such order, he or she shall be deemed to have violated this subsection. Any person, association, or corporation guilty of violating this subsection shall be guilty of a Class II misdemeanor, and every day that any such unlawful act continues or is permitted to continue shall constitute a separate offense and be punishable as such.

Legislative History

Source: Laws 1929, c. 112, V, § 15, p. 431; C.S.1929, § 37-515; R.S.1943, § 37-515; Laws 1955, c. 136, § 1, p. 387; Laws 1967, c. 216, § 14, p. 588; Laws 1993, LB 31, § 15; R.S.1943, (1993), § 37-515; Laws 1998, LB 922, § 274.