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LEGISLATIVE BILL 287
Approved by the Governor February 19, 2020
Introduced by Quick, 35.
A BILL FOR AN ACT relating to game and parks; to amend sections 37-317, 37-407,
37-409, 37-415, 37-426, 37-438, 37-447, 37-449, 37-450, 37-4,111, 37-527,
37-1215, and 37-1219, Reissue Revised Statutes of Nebraska, and sections
37-201, 37-202, and 37-1214, Revised Statutes Supplement, 2019; to define terms; to provide and change powers of the Game and Parks Commission relating to dissemination of promotional materials, reduced-rate permits and stamps, and replacement permit fees; to change provisions relating to
lifetime, multiple-year, and annual permits, stamps, and fees; to change annual and temporary motor vehicle permit fee provisions; to provide for resident and nonresident fees for preference points or bonus points in
lieu of applying for certain permits or entering certain random drawings;
to provide for rules and regulations relating to hunter orange; to change motorboat registration fees as prescribed; to change and eliminate provisions relating to fees for the Aquatic Invasive Species Program; to harmonize provisions; and to repeal the original sections.
Be it enacted by the people of the State of Nebraska,
Section 1. Section 37-201, Revised Statutes Supplement, 2019, is amended to read:
37-201 Sections 37-201 to 37-811 and 37-1501 to 37-1510 and sections 3 and
4 of this act and the State Park System Construction Alternatives Act shall be
known and may be cited as the Game Law.
Sec. 2. Section 37-202, Revised Statutes Supplement, 2019, is amended to
read:
37-202 For purposes of the Game Law, unless the context otherwise requires, the definitions found in sections 37-203 to 37-247.01 and sections 3
and 4 of this act are used.
Sec. 3. Bonus point means a point or points accrued by an applicant for preference in a random permit drawing in which the number of points determines the number of entries in the permit drawing.
Sec. 4. Preference point means a point or points accrued by an applicant for preference in a structured random permit drawing in which the draw is
structured by the number of preference points and the applicants with the most points are drawn first.
Sec. 5. Section 37-317, Reissue Revised Statutes of Nebraska, is amended to read:
37-317 The commission may disseminate information and promotional materials regarding on the state park system and the wildlife resources of the state in order so as to inform the public of the outdoor recreation opportunities to be found in Nebraska.
Sec. 6. Section 37-407, Reissue Revised Statutes of Nebraska, is amended to read:
37-407 (1) The commission may offer multiple-year permits or combinations of permits at reduced rates and may establish fees pursuant to section 37-327
to be paid to the state for resident and nonresident annual hunting permits,
annual fishing permits, three-day fishing permits, one-day fishing permits,
combination hunting and fishing permits, fur-harvesting permits, and nonresident two-day hunting permits issued for periods of two consecutive days,
as provided in this section.
(2) The fee for a multiple-year permit shall be established by the commission pursuant to section 37-327 and shall not be more than the number of
years the permit will be valid times the fee required for an annual permit as
provided in subsection (3) or (4) of this section. Payment for a multiple-year permit shall be made in a lump sum at the time of application. A replacement multiple-year permit may be issued under section 37-409 if the original is lost or destroyed.
(3) Resident fees shall be (a) not more than eighteen dollars for an
annual hunting permit, (b) not more than twenty-four dollars for an annual fishing permit, (c) not more than fifteen dollars for a three-day fishing permit, (d) not more than nine dollars for a one-day fishing permit, (e) not more than thirty-nine dollars for an annual fishing and hunting permit, and (f)
not more than twenty dollars for an annual fur-harvesting permit.
(4) Nonresident fees shall be (a) not more than two hundred sixty dollars for a period of time specified by the commission for fur harvesting one thousand or less fur-bearing animals and not more than seventeen dollars and fifty cents additional for each one hundred or part of one hundred fur-bearing animals harvested, (b)(i) for persons sixteen years of age and older, not more than one hundred six dollars for an annual hunting permit and (ii) for persons under sixteen years of age, not less than the fee required pursuant to
subdivision (3)(a) of this section for an annual hunting permit, (c) not more than seventy-three dollars for a two-day hunting permit plus the cost of a habitat stamp, (d) not more than twelve dollars for a one-day fishing permit,
(e) not more than twenty-two dollars for a three-day fishing permit, (f) not
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more than sixty-six dollars for an annual fishing permit, and (g)(i) for persons sixteen years of age and older, not more than one hundred fifty-nine dollars for an annual fishing and hunting permit and (ii) for persons under sixteen years of age, not less than the fee required pursuant to subdivision
(3)(e) of this section for an annual fishing and hunting permit.
(5) The commission may offer permits or combinations of permits at
temporarily reduced rates for specific events or during specified timeframes.
Sec. 7. Section 37-409, Reissue Revised Statutes of Nebraska, is amended to read:
37-409 The commission may issue a replacement permit for hunting, fishing,
both hunting and fishing, or fur harvesting or for such other permits as may be
issued by the commission to any person who has lost his or her original permit upon receipt from such person of satisfactory proof of purchase and an
affidavit of loss of such original permit. The commission shall prescribe the procedures for applying for a replacement permit and may authorize electronic issuance. The commission may also designate agents to issue replacement permits pursuant to section 37-406. A fee of not less than one dollar and fifty cents and not more than five dollars, as established by the commission, shall be
charged for the issuance of each replacement permit, except that no such fee shall be charged for replacement of any permits exempt from the payment of
fees, lifetime permits, or permits issued under section 37-421 or 37-421.01.
Sec. 8. Section 37-415, Reissue Revised Statutes of Nebraska, is amended to read:
37-415 (1) The commission may issue to any Nebraska resident a lifetime fur-harvesting, fishing, hunting, or combination hunting and fishing permit upon application and payment of the appropriate fee. The fee for a resident lifetime fur-harvesting permit shall be not more than two hundred ninety-nine dollars, the fee for a resident lifetime hunting permit shall be not more than three hundred ninety-six dollars, the fee for a resident lifetime fishing permit shall be not more than four hundred fifty-seven dollars plus the cost of
a lifetime aquatic habitat stamp, and the fee for a resident lifetime combination hunting and fishing permit shall be not more than seven hundred ninety-two dollars plus the cost of a lifetime aquatic habitat stamp, as such fees are established by the commission pursuant to section 37-327. Payment of
the fee shall be made in a lump sum at the time of application.
(2) A resident lifetime permit shall not be made invalid by reason of the holder subsequently residing outside the state.
(3) The commission may issue to any nonresident a lifetime fishing,
hunting, or combination hunting and fishing permit upon application and payment of the appropriate fee. The fee for a nonresident lifetime hunting permit shall be not more than one thousand five hundred sixty-two dollars, the fee for a nonresident lifetime fishing permit shall be not more than one thousand one hundred twenty-five dollars plus the cost of a lifetime aquatic habitat stamp,
and the fee for a nonresident lifetime combination hunting and fishing permit shall be not more than two thousand three hundred forty-two dollars plus the cost of a lifetime aquatic habitat stamp, as such fees are established by the commission pursuant to section 37-327. Payment of the fee shall be made in a lump sum at the time of application.
(4) A replacement resident or nonresident lifetime permit may be issued if
the original has been lost or destroyed for no additional fee. This subsection applies only to a paper permit and not a commemorative brass plate permit. The fee for a replacement shall be not more than five dollars, as established by
the commission.
(5) The commission may adopt and promulgate rules and regulations to carry out this section and sections 37-416 and 37-417. Such rules and regulations may include, but need not be limited to, establishing fees which vary based on the age of the applicant.
Sec. 9. Section 37-426, Reissue Revised Statutes of Nebraska, is amended to read:
37-426 (1) Except as provided in subsection (4) of this section:
(a) No resident of Nebraska sixteen years of age or older and no
nonresident of Nebraska regardless of age shall hunt, harvest, or possess any game bird, upland game bird, game animal, or fur-bearing animal unless, at the time of such hunting, harvesting, or possessing, such person has an unexpired habitat stamp as prescribed by the rules and regulations of the commission prior to the time of hunting, harvesting, or possessing such bird or animal;
(b) No resident or nonresident of Nebraska shall take or possess any aquatic organism requiring a Nebraska fishing permit, including any fish,
bullfrog, snapping turtle, tiger salamander, or mussel, unless, at the time of
such taking or possessing, such person has an unexpired aquatic habitat stamp as prescribed by the rules and regulations of the commission prior to the time of taking or possessing a fish, bullfrog, snapping turtle, tiger salamander, or mussel; and
(c) No resident of Nebraska sixteen years of age or older and no
nonresident of Nebraska regardless of age shall hunt, harvest, or possess any migratory waterfowl unless, at the time of such hunting, harvesting, or possessing, such person has an unexpired Nebraska migratory waterfowl stamp as
prescribed by the rules and regulations of the commission prior to the time of
hunting, harvesting, or possessing such migratory waterfowl.
(2) The commission may issue a lifetime habitat stamp, lifetime Nebraska migratory waterfowl stamp, or lifetime aquatic habitat stamp upon application and payment of the appropriate fee. The fee for a lifetime stamp shall be not more than twenty times the fee required in subsection (5) of this section for
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an annual habitat stamp, annual Nebraska migratory waterfowl stamp, or annual aquatic habitat stamp. Payment of such fee shall be made in a lump sum at the time of application. A replacement lifetime stamp may be issued if the original is lost or destroyed at no additional fee. This subsection applies only to a paper permit and not a commemorative brass plate permit.
(3) The commission may issue a multiple-year habitat stamp, multiple-year Nebraska migratory waterfowl stamp, or multiple-year aquatic habitat stamp upon application and payment of the appropriate fee. The fee for such multiple-year stamps shall be established by the commission pursuant to section 37-327 and shall not be more than the number of years the stamp is valid times the fee required in subsection (5) of this section for an annual habitat stamp, annual Nebraska migratory waterfowl stamp, or annual aquatic habitat stamp. Payment of
such fee shall be made in a lump sum at the time of application. A replacement multiple-year stamp may be issued if the original is lost or destroyed at no additional fee.
(2)(a) The commission may issue a lifetime habitat stamp upon application and payment of the appropriate fee. The fee for a lifetime habitat stamp shall be twenty times the fee required in subsection (5) of this section for an
annual habitat stamp. Payment of such fee shall be made in a lump sum at the time of application. A replacement lifetime habitat stamp may be issued if the original is lost or destroyed. The fee for a replacement shall be not more than five dollars, as established by the commission.
(b) The commission may issue a lifetime Nebraska migratory waterfowl stamp upon application and payment of the appropriate fee. The fee for a lifetime Nebraska migratory waterfowl stamp shall be twenty times the fee required in
subsection (5) of this section for an annual Nebraska migratory waterfowl stamp. Payment of such fee shall be made in a lump sum at the time of
application. A replacement Nebraska lifetime migratory waterfowl stamp may be
issued if the original is lost or destroyed. The fee for a replacement shall be
not more than five dollars, as established by the commission.
(c) The commission may issue a lifetime aquatic habitat stamp upon application and payment of the appropriate fee. The fee for a lifetime aquatic habitat stamp shall be twenty times the fee required in subdivision (5)(c) of this section for an annual aquatic habitat stamp. Payment of such fee shall be
made in a lump sum at the time of application. A replacement lifetime aquatic habitat stamp may be issued if the original is lost or destroyed. The fee for a replacement shall be not more than five dollars, as established by the commission.
(3)(a) The commission may issue a multiple-year habitat stamp upon application and payment of the appropriate fee. The fee for a multiple-year habitat stamp shall be established by the commission pursuant to section 37-327
and shall not be more than the number of years the stamp is valid times the fee required in subsection (5) of this section for an annual habitat stamp. Payment of such fee shall be made in a lump sum at the time of application. A
replacement multiple-year habitat stamp may be issued if the original is lost or destroyed.
(b) The commission may issue a multiple-year Nebraska migratory waterfowl stamp upon application and payment of the appropriate fee. The fee for a multiple-year Nebraska migratory waterfowl stamp shall be established by the commission pursuant to section 37-327 and shall not be more than the number of
years the stamp is valid times the fee required in subsection (5) of this section for an annual Nebraska migratory waterfowl stamp. Payment of such fee shall be made in a lump sum at the time of application. A replacement Nebraska multiple-year migratory waterfowl stamp may be issued if the original is lost or destroyed.
(c) The commission may issue a multiple-year aquatic habitat stamp upon application and payment of the appropriate fee. The fee for a multiple-year aquatic habitat stamp shall be established by the commission pursuant to
section 37-327 and shall not be more than the number of years the stamp is
valid times the fee required in subsection (5) of this section for an annual aquatic habitat stamp. Payment of such fee shall be made in a lump sum at the time of application. A replacement multiple-year aquatic habitat stamp may be
issued if the original is lost or destroyed.
(4) Habitat stamps are not required for holders of limited permits issued under section 37-455. Aquatic habitat stamps are not required (a) when a fishing permit is not required, (b) for holders of permits pursuant to section
37-424, or (c) for holders of lifetime fishing permits or lifetime combination hunting and fishing permits purchased prior to January 1, 2006. Nebraska migratory waterfowl stamps are not required for hunting, harvesting, or possessing any species other than ducks, geese, or brant. For purposes of this section, a showing of proof of the electronic issuance of a stamp by the commission shall fulfill the requirements of this section.
(5)(a) Any person to whom a stamp has been issued shall, immediately upon request, exhibit evidence of issuance of the stamp to any officer. Any person hunting, fishing, harvesting, or possessing any game bird, upland game bird,
game animal, or fur-bearing animal or any aquatic organism requiring a fishing permit in this state without evidence of issuance of the appropriate stamp shall be deemed to be without such stamp.
(b) An annual habitat stamp shall be issued upon the payment of a fee of
not more than twenty-five dollars per stamp. A multiple-year habitat stamp shall be issued in conjunction with a multiple-year hunting permit or a multiple-year combination hunting and fishing permit at a fee of not more than twenty-five dollars times the number of years the multiple-year permit is
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valid.
(c) An aquatic habitat stamp shall be issued in conjunction with each fishing permit for a fee of not more than fifteen dollars per stamp for annual fishing permits, three-day fishing permits, or combination hunting and fishing permits, a fee of not more than fifteen dollars times the number of years the multiple-year fishing permit or a multiple-year combination hunting and fishing permit is valid, and a fee of not more than twenty times the fee required for an annual aquatic habitat stamp for lifetime fishing or combination hunting and fishing permits. The fee established under section 37-407 for a one-day fishing permit shall include an aquatic habitat stamp. One dollar from the sale of each one-day fishing permit shall be remitted to the State Treasurer for credit to
the Nebraska Aquatic Habitat Fund.
(d) An annual Nebraska migratory waterfowl stamp shall be issued upon the payment of a fee of not less than ten dollars and not more than sixteen dollars per stamp. A multiple-year Nebraska migratory waterfowl stamp may only be
issued in conjunction with a multiple-year hunting permit or a multiple-year combination hunting and fishing permit at a fee of not more than the annual fee times the number of years the multiple-year permit is valid.
(e) The commission shall establish the fees pursuant to section 37-327.
(6) The commission may offer stamps or combinations of stamps at
temporarily reduced rates for specific events or during specified timeframes in
conjunction with other permit sales.
Sec. 10. Section 37-438, Reissue Revised Statutes of Nebraska, is amended to read: