§ 37-613 — Wildlife; prohibited acts; liquidated damages; schedule; disposition

Nebraska § 37-613

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

Text

(1) Any person who sells, purchases, takes, or possesses contrary to the Game Law any wildlife shall be liable to the State of Nebraska for the damages caused thereby. Such damages shall be:
(a) Twenty-five thousand dollars for each mountain sheep;
(b) Ten thousand dollars for each elk with a minimum of twelve total points and three thousand dollars for any other elk;
(c) Ten thousand dollars for each whitetail deer with a minimum of eight total points and an inside spread between beams of at least sixteen inches, two thousand dollars for any other antlered whitetail deer, and five hundred dollars for each antlerless whitetail deer and whitetail doe deer;
(d) Ten thousand dollars for each mule deer with a minimum of eight total points and an inside spread between beams of at least twenty-two inches and two thousand dollars for any other mule deer;
(e) Five thousand dollars for each antelope with the shortest horn measuring a minimum of fourteen inches in length and one thousand dollars for any other antelope;
(f) One thousand five hundred dollars for each bear or moose or each individual animal of any threatened or endangered species of wildlife not otherwise listed in this subsection;
(g) Five thousand dollars for each mountain lion, lynx, bobcat, river otter, or raw pelt thereof;
(h) Twenty-five dollars for each raccoon, opossum, skunk, or raw pelt thereof;
(i) Five thousand dollars for each eagle;
(j) Five hundred dollars for each wild turkey;
(k) Twenty-five dollars for each dove;
(l) Seventy-five dollars for each other game bird, other game animal, other fur-bearing animal, raw pelt thereof, or nongame wildlife in need of conservation as designated by the commission pursuant to section 37-805 , not otherwise listed in this subsection;
(m) Fifty dollars for each wild bird not otherwise listed in this subsection;
(n) Seven hundred fifty dollars for each swan or paddlefish;
(o) Two hundred dollars for each master angler fish measuring more than twelve inches in length;
(p) Fifty dollars for each game 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 any other species of game not otherwise listed in this subsection.
(2) The commission shall adopt and promulgate rules and regulations to provide for a list of master angler fish which are subject to this section and to prescribe guidelines for measurements and point determinations as required by this section. The commission may adopt a scoring system which is uniformly recognized for this purpose.
(3) Such damages may be collected by the commission by civil action. In every case of conviction for any of such offenses, the court or magistrate before whom such conviction is obtained shall further enter judgment in favor of the State of Nebraska and against the defendant for liquidated damages in the amount set forth in this section and collect such damages by execution or otherwise. Failure to obtain conviction on a criminal charge shall not bar a separate civil action for such liquidated damages. Damages collected pursuant to this section shall be remitted to the secretary of the commission who shall remit them to the State Treasurer for credit to the State Game Fund.

Legislative History

Source: Laws 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; Laws 2018, LB1008, § 1.