Bill Summary – FastDemocracy

LB395                                                                                          LB395
                                                                                          2021
                                LEGISLATURE OF NEBRASKA
                            ONE HUNDRED SEVENTH LEGISLATURE
                                       FIRST SESSION
                        LEGISLATIVE BILL 395
        Introduced by Gragert, 40; Hughes, 44.
        Read first time January 14, 2021
        Committee: Natural Resources
    A BILL FOR AN ACT relating to game and parks; to amend sections 37-448
        and   37-456,   Reissue Revised Statutes of   Nebraska,   and section
        37-201,   Revised Statutes Cumulative Supplement,      2020;      to change
        provisions relating to special deer depredation season and provide
        for antelope and elk depredation seasons and permits; to change and
        provide fees; to change limits on limited antelope or elk permits;
        to provide for a free-earned landowner elk permit as prescribed; to
        provide duties for the Game and Parks Commission;     to harmonize
        provisions; and to repeal the original sections.
    Be it enacted by the people of the State of Nebraska,
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LB395                                                                              LB395
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         Section 1. Section 37-201, Revised Statutes Cumulative Supplement,
    2020, is amended to read:
        37-201 Sections 37-201 to 37-811 and 37-1501 to 37-1510 and section
   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 37-448, Reissue Revised Statutes of Nebraska, is
   amended to read:
         37-448 (1) Subject to rules and regulations adopted and promulgated
   by the commission, the secretary of the commission may designate, by
   order, special deer, antelope, and elk depredation seasons or extensions
   of existing deer hunting seasons.   The secretary may designate   a
   depredation season or an extension of an existing deer hunting season
   whenever he or she determines that deer, antelope, or elk are causing
    excessive property damage. The secretary shall specify the number of
   permits to be issued, the species, sex, and number or quota of animals
   deer allowed to be taken, the bag limit for such species including deer
   for donation in accordance with the deer donation program established
   pursuant to sections 37-1501 to 37-1510, the beginning and ending dates
   for the depredation season or hunting season extension, shooting hours,
   the length of the depredation season or hunting season extension, and the
   geographic area in which hunting will be permitted. The Hunting during a
   special depredation season or hunting season extension shall be limited
    to residents, and the rules and regulations shall allow use of any weapon
    permissible for use during the regular deer, antelope, or elk season.
        (2) The depredation season may commence not less than five days
   after the first public announcement that the depredation season has been
   established. Permits shall be issued in an impartial manner at a location
   determined by the secretary. The commission shall, pursuant to section
   37-327, establish and charge a fee of not more than twenty-five dollars
    for a resident special depredation season permit and a fee of not more
   than seventy-five dollars for a nonresident special depredation season
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LB395                                                                                              LB395
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   permit. The commission shall use the income from the sale of special
    depredation season permits for abatement of damage caused by deer. The
    commission shall, pursuant to section 37-327, establish and charge a fee
    of not more than ten dollars for a landowner special depredation season
    permit also provide for an unlimited number of free permits for the
   taking of antlerless deer and antelope for upon request to any person
    owning or operating at least twenty acres of farm or ranch land within
    the geographic area in which hunting will be permitted and to any member
   of the immediate family of any such person as defined in subdivision (2)
    (a) of section 37-455, and for the taking of elk for any person owning or
    operating at    least eighty acres of   farm or   ranch land within the
    geographic area in which hunting will be permitted and to any member of
    the immediate family of such person as defined in subdivision (2)(a) of
    section 37-455. A special depredation season free permit shall be valid
   only within such area and only during the designated deer depredation
    season. The commission shall use the income from the sale of special
   depredation season permits for abatement of   damage caused by    deer,
    antelope, and elk. Receipt of a depredation season permit shall not in
    any way affect a person's eligibility for a regular season permit issued
    under section 37-447, 37-449, 37-450, or 37-455.
        Sec. 3. Section 37-456, Reissue Revised Statutes of Nebraska, is
    amended to read:
        37-456 The issuance of limited antelope permits pursuant to section
    37-455 in any management unit shall not exceed seventy-five fifty percent
    of the regular permits authorized for such antelope management unit. The
    issuance of    limited elk permits pursuant to   section     37-455   in any
    management unit shall not exceed seventy-five fifty percent of   the
    regular permits authorized for such elk management unit.
        Sec. 4.       (1) The commission may issue one free-earned landowner elk
    permit for the taking of either sex of antlerless elk to any person
   owning or leasing at least eighty acres of farm or ranch land used for
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LB395                                                                                          LB395
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   agricultural purposes, or to any member of the immediate family of such
    person as defined in subdivision (2)(a) of section 37-455, when the
    qualifying number of antlerless elk have been harvested on such land by
    hunters with a permit issued under section 37-448 or 37-450. Such permit
    shall be   limited to   hunting on    the lands owned or    leased by   the
   qualifying landowner. Receipt of a free-earned landowner elk permit shall
    not in any way affect a person's eligibility for a permit issued under
    section 37-450 or 37-455.
       (2) The commission shall adopt and promulgate rules and regulations
   prescribing procedures,   forms,   and requirements for documentation by
    landowners or lessees as described in subsection (1) of this section to
   annually report antlerless elk harvested on   their property for
   eligibility, and the number of antlerless elk required to be harvested on
    such property to qualify for a free-earned landowner elk permit. The
    number of antlerless elk harvested to qualify shall accumulate each year
    until such time as a free-earned landowner elk permit is awarded.
        Sec.     5.      Original sections      37-448   and   37-456,      Reissue Revised
   Statutes of Nebraska, and section 37-201, Revised Statutes Cumulative
   Supplement, 2020, are repealed.
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Statutes affected: 
Introduced: 37-201, 37-448, 37-456