163 Neb. Admin. Code, ch. 2, § 004

Current through September 17, 2024

Section 163-2-004 - Regulations For The Take of Fish or Snapping Turtles From Privately Owned Waterbodies and Fish Salvage

The following regulations are prescribed by the Nebraska Game and Parks Commission, State of Nebraska, in addition to Statutes in accordance with Neb. Rev. Stat. §§ 37301, 37-304, 37-314, 37,316, 37-321, 37-322, 37-418, 37-4,104, and 37-545. For purposes of these regulations, unless context otherwise requires, the definitions found in Chapter 37, sections 212-241 of the Game Law, are used. These regulations are effective following enactment by the Commission, approval by the Attorney General and Governor, and when five days have elapsed since filing with the Secretary of State.

004.01 When authorized by the Fisheries Division, Nebraska Game and Parks Commission, the owner(s) of an approved privately-owned waterbody may take or cause to be removed fish or snapping turtles, for proper fish management purposes, from waters they own and control by methods and means approved by the Commission.

004.01A Such owner(s) or consultants shall apply to the Fisheries Division, Nebraska Game and Parks Commission, for a Private Waterbody Management Authorization.

004.01A1 The owner or consultant of a private waterbody shall provide all requested information on an application form prescribed by the Fisheries Division, Nebraska Game and Parks Commission for each affected waterbody. The application form shall include, but not necessarily be limited to: the signature of the applicant, a description of the waterbody (legal description and size), authorized time-period, species and number of aquatic organisms to be taken, devices and methods of take, name and address of person(s) conducting the take, and disposition of fish or snapping turtles taken.

004.01A2 A Commercial Fishing Permit is required for the use of nets other than legal dip nets and seines as specified in baitfish regulations 009.06A and 009.06B or the sale of nongame fish or bullheads. Commercial fishing permit regulations 003.06, 003.06A, 003.08 and 003.09 shall apply.

004.01A3 Traps may be used to take snapping turtles provided they are floating or supported so that the entrance into the trap is possible only from above the water surface.

004.01A4 It shall be unlawful to stock, transport, or cause to be stocked or transported any fish or snapping turtle taken under the authority of this authorization to another body of water, whether public or private, without prior written approval from the Fisheries Division, Nebraska Game and Parks Commission.

004.01A5 It shall be unlawful to take fish with any equipment emitting electricity or radio frequencies unless specifically authorized by the Fisheries Division, Nebraska Game and Parks Commission.

004.01A6 The use of explosives, poisons or chemicals other than registered fish toxicants is prohibited. The use of registered fish toxicants may be authorized provided that the applicant is properly certified through the Nebraska Department of Agriculture.

004.01A7 It shall be unlawful for the approved applicant or consultant to fail to report, on a form prescribed by the Commission, within 30 days of the take of fish or snapping turtles. The report form shall include, but not necessarily be limited to: date taken, waterbody description (legal description and size), species and number of aquatic organisms taken, disposition of fish or snapping turtles taken, and signatures of the waterbody owner and permitted individuals that conducted the take.

004.01A8 It shall be unlawful for persons operating under the authority of this authorization to fail to carry and present upon demand to a Commission employee, a copy of the approved application.

004.01A9 It shall be unlawful to sell, offer for sale, trade or barter any sport fish or snapping turtle taken or held under the authority of this authorization.

004.01A10 It shall be unlawful to take any fish or snapping turtle under this authorization without notifying the area conservation officer, district law enforcement supervisor, or if the officer and supervisor are not available the Law Enforcement Division headquarters, at least 24 hours prior to the take or removal of any aquatic organism.

004.01A11 Failure to comply with all conditions of this authorization may result in the revocation or non-renewal of this authorization in addition to possible legal prosecution.

004.02 When permitted by the Fisheries Division, Nebraska Game and Parks Commission, a consultant or company may take fish for private wildlife management purposes from privately-owned waterbodies by methods and means approved by the Commission.

004.02A A consultant or company shall apply to the Fisheries Division, Nebraska Game and Parks Commission for a Private Fish Management Permit.

004.02A1 The applicant shall provide all requested information on an application form prescribed by the Fisheries Division, Nebraska Game and Parks Commission. The application form shall include, but not necessarily be limited to: education and work background; chemical and equipment certification; equipment and methods to be used; name, address and signature(s) of permit holder and employee(s).

004.02A2 All approved nets must be tagged with tags supplied by the Fisheries Division, Nebraska Game and Parks Commission. Exceptions would be legal dip nets and seines as specified in baitfish regulations 009.06A and 009.06B. All electrofishing equipment must be registered. It shall be unlawful to use or possess any fish sampling equipment not listed on the application form.

004.02A3 It shall be unlawful to fail to report within 72 hours to the Fisheries Division, Nebraska Game and Parks Commission any changes to the original application form (i.e. employee change, lost/stolen or newly purchased equipment, etc.).

004.02A4 The use of explosives, poisons or chemicals other than registered fish toxicants is prohibited. The use of registered fish toxicants may be permitted provided that the applicant is properly certified through the Nebraska Department of Agriculture.

004.02A5 A Private Fish Management Permit shall remain valid through the calendar year provided that the applicant adheres to the conditions of this permit; to continue permitted activities, a new application must be submitted and approved for each calendar year.

004.02A6 All persons holding a Private Fish Management Permit shall keep an accurate record, as described in 004.02A7, of all activities involving the take of fish and shall remit an annual report to the Fisheries Division, Nebraska Game and Parks Commission by January 15^th following permit expiration.

004.02A7 The annual report shall include, but not necessarily be limited to: the landowner(s) name(s) and address(es), descriptions of waterbodies (legal description and size) where fish were sampled and/or removed, list of fish species and number taken from each waterbody, and methods used on each waterbody.

004.02A8 It shall be unlawful for any person(s) operating under the authority of this permit to fail to carry and present upon demand to a Commission employee, a copy of the approved permit.

004.02A9 It shall be unlawful to take any fish under authority of this permit without notifying the area conservation officer, district law enforcement supervisor, or if the officer and supervisor are not available the Law Enforcement Division headquarters, at least 24 hours prior to the take of any fish.

004.02A10 It shall be unlawful to sell, offer for sale, trade or barter nongame fish and bullheads taken or held under the authority of this permit without a Commercial Fishing Permit. The sale, offer for sale, trade or barter of sport fish taken or held under the authority of this permit is prohibited.

004.02A11 It shall be unlawful to stock, transport, or cause to be stocked or transported any fish taken under the authority of this permit to another body of water, whether public or private, without prior written approval from the Fisheries Division, Nebraska Game and Parks Commission.

004.02A12 Failure to comply with any of the conditions or terms of this permit may result in revocation or nonrenewal of this permit in addition to possible legal prosecution.

004.03 The Commission may authorize the taking of fish by any means and in any numbers when declared by the Secretary of the Commission resulting from an emergency created by the drying up of any waterbody inhabited by fish in accordance with the following regulations:

004.03A Fish may be taken by any method except the following:

004.03A1 Electricity, explosives, poisons, chemicals or other fish toxicants.

004.03A2 Seines or nets, other than legal baitfish seines, dip, or landing nets.

004.03A3 Firearms

004.03B Daily bag and possession limits shall apply, unless specifically modified by the authority of the Secretary.

004.03C It shall be unlawful to buy, sell, trade or barter any sport fish.

004.03D It shall be unlawful to stock, transport, or cause to be stocked or transported any fish taken under the authority of this authorization to another body of water, whether public or private, without written approval from the Fisheries Division, Nebraska Game and Parks Commission.

004.04 Resulting from the dewatering of irrigation canal systems, the Commission may authorize the methods, means, and numbers of fish which may be taken.

004.04A The take of fish shall be restricted to the following areas:

Platte River Drainage
Buffalo County:	Kearney Canal
Dawson County:	Buffalo Creek Supply Canal, Cozad Irrigation Canal, Dawson County Irrigation Canal, Farmers & Merchants Canal
Dawson and Buffalo Counties:	Elm Creek Canal
Dawson and Lincoln Counties	Gothenburg Canal, Orchard & Alfalfa Canal, Six Mile Irrigation Canal, Thirty-Mile Irrigation Canal
Gosper County:	E67 Canal System
Gosper and Phelps Counties:	E65 Canal System
Gosper, Phelps and Kearney Counties:	Phelps County Canal System
Keith and Lincoln Counties:	Sutherland Supply Canal
Lincoln County:	Maloney Supply Canal
Republican River Drainage
Franklin County:	Franklin Pump Canal
Franklin and Harlan Counties:	Naponee Canal
Franklin, Harlan and Webster Counties:	Franklin Canal
Furnas and Harlan Counties:	Cambridge Canal
Hitchcock and Red Willow Counties:	Culbertson Canal, Driftwood Canal System, Meeker Canal System
Red Willow County:	Red Willow Canal
Red Willow and Furnas Counties:	Bartley Canal, Frenchman-Campbridge Canal
Webster and Nuckolls Counties:	Courtland Canal, Superior Canal
Loup River Drainage
Custer, Valley and Sherman Counties:	Middle Loup Public Power & Irrigation District 1, 2, 3, & 4
Sherman and Howard Counties:	Farwell Canal System - Main and Central
Valley and Sherman Counties:	Sherman Feeder Canal

004.04B Individuals desiring to take fish from the preceding areas shall make application on a form prescribed by the Commission. This application form shall include, but not necessarily be limited to: applicants name and address, location of fish salvage activity, specific time of salvage, method of take and disposition of salvaged fish.

004.04C It shall be unlawful for persons operating under the authority of this authorization to fail to carry and present upon demand to a Commission employee, a copy of the approved application.

004.04D It shall be unlawful to stock, transport, or cause to be stocked or transported any fish taken under the authority of this authorization to another body of water, whether public or private, without written approval from the Fisheries Division, Nebraska Game and Parks Commission.

004.04E It shall be unlawful to buy, sell, trade or barter any sport fish taken under this authorization.

004.04F Salvaged sport fish taken for human consumption are restricted to any statewide length, daily bag or possession limits.

004.04G Salvaged baitfish must comply with bait collection regulations (Section 009).

004.04H It shall be unlawful to fail to report within 30 days following salvage, on a form prescribed by the Commission. The report form shall include, but not necessarily limited to: number by species salvaged, number by species stocked and the preapproved stocking location, date stocked and any other methods of disposal. Failure to submit a report will disqualify the individual for issuance of a subsequent authorization.

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163 Neb. Admin. Code, ch. 2, § 004

Amended effective 2/27/2018