163 Neb. Admin. Code, ch. 2, § 006

Current through September 17, 2024
Section 163-2-006 - SPORT FISHING REGULATIONS

The following regulations are prescribed by the Game and Parks Commission, State of Nebraska in accordance with Neb. Rev. Stat. §§ 37-301, 37-304, 37-305, 37-308, 37-314, 37-315, 37-344, 37-411, 37-426, 37-4,104, 37-4,107, 37-4,109, 37-4,111, 37-501 through 37-504, 37-508 and 37-543 through 37-545. For purposes of these regulations, unless context otherwise requires, the definitions found in Chapter 37, sections 207 through 247 of the Game Law, are used.

For areas open, season dates, bag limits, possession limits, and length limits see Nebraska Game and Parks Commission Order C06, Sport Fishing, on the Commission's website: outdoornebraska.gov.

Definitions: In addition to the definitions provided in Chapter 37, the following shall apply to this Section.

INLAND WATERS shall include all waters of the State, excluding waters of the Missouri River.

WATERS OF THE MISSOURI RIVER shall include all that portion of the Missouri River within Nebraska and all reservoirs, oxbows, sloughs, chutes, backwaters, and marshes, which have annual surface water connections to the river, and the first 300 yards upstream from the mouth of all tributary streams.

STATEWIDE shall include both inland waters and waters of the Missouri River.

State Recreation Area shall be referred to as SRA.

Wildlife Management Area shall be referred to as WMA.

SPORT FISH shall be defined as the following species:

Family

Scientific Name

Common Name

Sturgeon

Scaphirhyncus platorynchus

Shovelnose sturgeon

Paddlefish

Polyodon spathula

Paddlefish

Mooneye

Hiodon alosoides

Goldeneye

Freshwater eel

Anguilla rostrata

American eel

Herring

Alosa chrysochloris

Skipjack herring

Catfish

Ictalurus furcatus

Ictalurus punctatus

Pylodictis olivaris

Blue catfish

Channel catfish

Flathead catfish

Pike

Esox americanus

Esox lucius

Esox masquinongy

Esox masquinongy x Esox lucius

Grass pickerel

Northern pike

Muskellunge

Tiger muskellunge

Trout

Oncorhynchus clarki

Oncorhynchus mykiss

Oncorhynchus tshawytscha

Salmo trutta

Salvelinus fontinalis

Salmo trutta x Salvelinus fontinalis

Cutthroat trout

Rainbow trout

Chinook salmon

Brown trout

Brook trout

Tiger trout

Cod

Lota lota

Burbot

Temperate bass

Morone chrysops

Morone saxatilis

Morone chrysops x M. saxatilis

White bass

Striped bass

Striped bass hybrid

Sunfish

Ambloplites rupestris

Lepomis cyanellus

Lepomis gibbosus

Lepomis humilis

Lepomis macrochirus

Lepomis microlophus

Lepomis species

Micropterus dolomieu

Micropterus punctulatus

Micropterus salmoides

Pomoxis annularis

Pomoxis nigromaculatus

Pomoxis annularis x P. nigromaculatus

Rock bass

Green sunfish

Pumpkinseed

Orangespotted sunfish

Bluegill

Redear sunfish

Sunfish hybrids

Smallmouth bass

Spotted bass

Largemouth bass

White crappie

Black crappie

Crappie hybrid

Perch

Sander canadense

Sander vitreus x canadense

Sander vitreus

Sauger

Saugeye

Walleye

BAITFISH shall be defined as those listed in Section 009.

006.01 BAG, POSSESSION AND LENGTH LIMITS:
006.01A Daily bag limit shall be defined as the number of fish, bullfrogs, snapping turtles, or mussels that may be taken by all legal methods (combined) from midnight to the following midnight. Any organism that is not to be counted in the bag limit must be returned immediately into the water with as little injury as possible. Any organism placed on a stringer or in a container, or not returned immediately into the water must be counted in the bag. Any fish in possession while on the water or fishing will be subject to length and bag limits that apply to the water being fished.
006.01B Possession limit shall be defined as the number of fish, bullfrogs, snapping turtles, or mussels that an individual may have in physical control and/or storage.
006.01C Length limit shall be defined as the approved length an individual organism can be harvested, being it either a maximum or minimum length or a protected length range (slot).
006.01D It shall be unlawful to:
006.01D1 give, put or leave any fish, bullfrogs, snapping turtles or mussels at any place or in the custody of another person unless they are tagged by the angler with the following information:
(1) Name of owner;
(2) Address;
(3) Phone number;
(4) Date of birth;
(5) Permit number;
(6) Species of fish;
(7) Total number of fish and pounds of fillets;
(8) Date taken; and
(9) Signature of owner and name of recipient if gifted.
006.01D2 To take bullfrogs by any means other than hand, hand net, or hook and line in areas with a size limit; or to take bullfrogs by any means other than hand, hand net, hook and line, archery or gig in areas without a size limit.
006.01E SNAPPING TURTLES:
006.01E1 It shall be unlawful to take snapping turtles except by hand, hand net, hook and line, bow and arrow or gaff.
006.01E2 It shall be unlawful to sell, offer for sale, trade or barter for any snapping turtle.
006.01E3 In waters located entirely on private land, snapping turtles may also be taken as described in Section 004 and with legal traps as described in 006.01E4.
006.01E4 Legal trap(s) shall allow turtles to reach the surface to breathe; must be personally checked every 24 hours; and must be tagged with a metal tag listing the owner's name, address, and fishing permit number or driver's license number. Traps containing a throat or funnel shall be constructed of netting that is at least four (4) inches square mesh.
006.01E5 The take of any turtle(s) exceeding the daily bag limits shall be released immediately.
006.01F MUSSELS (clams):
006.01F1 It shall be unlawful to take mussels (clams) except by hand, hand net or hook and line.
006.02 TRANSPORTATION AND POSSESSION
006.02A It shall be unlawful to:
006.02A1 Possess or transport any live white perch, black carp, silver carp, bighead carp, and yellow bass.
006.02A2 Transport any fish or bait fish in water from any stream, river, pond or lake.
006.02A3 Possess fish that are subject to a length limit while wading or on the water with more than the gills, viscera, and scales having been removed.
006.02A4 Possess bullfrogs while frogging with more than the viscera removed.
006.02A5 Possess or transport fish that are subject to a bag and possession limit, but not a length limit, if the fillets have not been retained in one piece. Fish may be filleted prior to transport; however, the fillets must be kept in one piece until eaten so that bag and/or possession limits can be determined.
006.03 ARCHERY FISHING
006.03A The taking of game fish by archery (bow and arrow and crossbow) is allowed during specified seasons and in areas open to archery fishing. It shall be unlawful to:
006.03A1 Archery fish with a bow or crossbow that is capable of being electronically or pneumatically loaded, cocked, or fire, or with a crossbow not designed to be fired from the shoulder.
006.03A2 Fish with an arrow that has more than one point which shall be barbed.
006.03A3 Fish with arrows that are not attached to the bow at the time the arrow is released.
006.03B The use of crossbows is not allowed from the Gavins Point Dam downstream to the U.S. Hwy. 81 bridge.

PADDLEFISH:

006.03C It shall be unlawful to take paddlefish by archery without the possession of a paddlefish permit and an open paddlefish tag in addition to a valid Nebraska fishing permit as required. Those anglers with a nonresident paddlefish permit must also possess a valid non-resident Nebraska fishing permit.
006.03C1 Applications: Anglers applying for a paddlefish permit or purchasing a preference point must provide the following information: name, address, daytime telephone number, last four digits of their Social Security Number, date of birth, gender, hair color, eye color, height, and weight. Application forms to submit such information to the Commission are available at the Commission headquarters, at all District Offices, on the Commission website, and in the Fishing Guide. The application period will run from 1 P.M. CDT March 1 to March 14. Mail applications must be received in the Lincoln office, Nebraska Game and Parks Commission, by 5 p.m. CDT on March 14; internet applications must be received by 11:59 p.m. CDT on March 14.
006.03C2 Permits will be distributed to eligible applicants through a random drawing based on preference points.
006.03C3 Applicants supplying valid email addresses will be notified when the draw is complete. Those not providing valid email addresses will be responsible to monitor their status on-line. Results of the draw will be made available by March 20th. Successful applicants will have until April 5th to complete the purchase of their awarded permits.
006.03C4 Permits awarded but unpaid will result in the applicant losing their preference points and forfeiting the permit.
006.03C5 Unpaid or unawarded permits remaining after the drawing will be made available to the next resident unsuccessful applicant(s).
006.03C6 The Secretary of the Nebraska Game and Parks Commission may refund or authorize permits or restore preference points to accommodate administrative issues.
006.03C7 Preference Points: Any eligible person who properly applies for a preference point or is denied a paddlefish permit during the application period, shall receive a preference point. Such preference points shall be used to determine priority in the permit drawing, with persons having the most points receiving the greatest priority. If two applicants submit a joint application (buddy permit), priority will be given based on the lowest number of points possessed by either applicant. Any person who is issued a paddlefish permit shall lose all accumulated preference points.
006.03C8 An individual may not submit more than one application for an archery paddlefish permit or preference point during any archery paddlefish application period.
006.03C9 Two anglers may submit a joint application (buddy permit) but both must be either residents or non-residents. A resident cannot submit a joint application with a non-resident.
006.03C10 An individual must be 12 years old by June 1st to apply for an archery paddlefish permit.
006.03C11 Ninety-five percent (95%) of the paddlefish permits available (rounded to the nearest whole number) will be reserved for residents. If the number of residents applying for permits exceeds the number of permits available, any of the five percent (5%) of the permits reserved for non-residents remaining after the first application period will be issued to resident anglers identified by the random draw.
006.03C12 Any paddlefish landed must be tagged immediately in the dorsal fin with the angler's tag. Any paddlefish tag that is locked shut prior to attachment, altered, or modified shall be voided and not replaced.
006.03C13 After completion of the fishing trip and upon leaving the Missouri River, an angler can process harvested paddlefish down to two (2) whole fillets. Both the closed paddlefish tag and permit would need to remain with the fillets.
006.03C14 Paddlefish may be taken by archery on waters of the Missouri River only on that portion downstream from the Gavins Point Dam to the mouth of the Big Sioux River at mile marker 734, except for a closed area including the north wall of the spillway and immediately below the Gavins Point Dam powerhouse downstream to a line extending from the east end of the south cement wall of the discharge canal northwest to the east end of the north wall of the discharge canal.
006.03C15 In the waters of the Missouri River, South Dakota resident tag/permit is valid immediately below Gavins Point Dam to 0.6 miles downstream but South Dakota non-resident tag/permit is not valid in that area.
006.04 SURFACE WATER SPEARFISHING:
006.04A Any device used for surface spearing shall be barbed.
006.05 UNDERWATER SPEARFISHING:
006.05A It shall be unlawful to underwater spearfish within 100 yards (300 feet) of any designated swimming or water ski jump area, boat dock, boat ramp, or spillway.
006.05B Only hand spears, rubberband-powered spear guns, compressed air, and spring-loaded power spear guns are legal. Spear guns may be attached to a float or buoy using any length of line.
006.05C All spears shall be attached to a shooting line with a maximum length of twenty feet.
006.05D The Diver's Flag shall be displayed on the water on a float or buoy during any diving or underwater spearfishing. Any diver or underwater spear fisherman shall not exceed a distance of greater than 150 feet from the Diver's Flag. The flag shall be square and not less than 12" square. The color shall be red background and with white diagonal stripe one-fifth (1/5) of the flag width. The diagonal stripe shall extend from the top of the hoist to the bottom of the flag.
006.05E It is unlawful to display the Divers Flag when diving or underwater spearfishing is not in progress.
006.05F Recognition of the Divers Flag by regulation will not be construed as conferring any rights or privileges on its users nor be construed as restricting the use of the water so marked. Operators of boats shall exercise precaution commensurate with conditions indicated.
006.05G Underwater spearfishing regulations shall not apply to authorized agents of the Nebraska Game and Parks Commission when engaged in experimental studies or fish management projects.
006.05H Upon written approval of the Director, specified species and specified waters may be opened for a limited time to underwater spearfishing for special events, and for fish management purposes.
006.06 SET LINES, LIMB LINES AND ICE FISHING

JUG LINES shall be defined as a free-floating line that contains fishing hooks entirely supported by flotation.

LIMB AND/OR SET LINES shall be defined as a fishing line that contains up to five (5) fish hooks attached to a fixed object in a river, stream or canal.

006.06A It shall be unlawful to use jug lines in any waters of the state.
006.06B It shall be unlawful to use set lines or limb lines in any pond, lake or reservoir and within one-half mile of an inlet or outlet.
006.06C The angler's name, address, fishing permit number and/or driver's license number shall be attached legibly to all limb and set lines.
006.06C1 Limb and set lines need to be checked every twenty-four (24) hours and unused lines removed.
006.06D It shall be unlawful to use more than five (5) lines while ice fishing and it shall be unlawful to use more than two (2) hooks on each line while ice fishing.
006.06E Each ice fishing line used must be under the direct supervision and within the unaided observation of the angler.
006.07 SNAGGING:
006.07A Paddlefish harvested by snagging may be possessed only on that section of the Missouri River where paddlefish harvest is allowed during the open season.
006.07B Only one (1) hook per line may be used when snagging. Hook size must be no larger than one-half (1/2) inch from point to shank.
006.07C It shall be unlawful to use a gaff hook or other penetrating device while landing snagged paddlefish.
006.07D All snaggers must obtain, and have in their possession while fishing, a paddlefish permit and an open paddlefish tag in addition to a valid Nebraska fishing permit to be actively snagging. Those anglers with a non-resident paddlefish permit must also possess a valid non-resident Nebraska fishing permit.
006.07D1 Applications: Anglers applying for a paddlefish permit or purchasing a preference point must provide the following information: legal name, address, daytime telephone number, last four digits of their Social Security number, date of birth, gender, hair color, eye color, height, and weight. Application forms to submit such information to the Commission are available at the Commission headquarters, at all District Offices, on the Commission website, and in the Fishing Guide. The application period will run from 1 p.m. CDT July 1 to July 14. Mail applications must be received in the Lincoln office, Nebraska Game and Parks Commission, by 5 p.m. CDT on July 14; internet applications must be received by 11:59 p.m. CDT on July 14.
006.07D2 Permits will be distributed to eligible applicants through a random drawing based on preference points.
006.07D3 Applicants supplying valid email addresses will be notified when the draw is complete. Those not providing valid email addresses will be responsible to monitor their status on-line. Results of the draw will be made available by July 20th. Successful applicants will have until August 5th to complete the purchase of their awarded permits.
006.07D4 Permits awarded but unpaid will result in the applicant losing their preference points and forfeiting the permit.
006.07D5 Unpaid or unawarded permits remaining after the drawing will made available to the next resident unsuccessful applicant(s).
006.07D6 The Secretary of the Nebraska Game and Parks Commission may refund or authorize permits or restore preference points to accommodate administrative issues.
006.07D7 Preference points: Any eligible person who properly applies for a preference point or is denied a paddlefish permit during the application period shall receive a preference point. Such preference points shall be used to determine priority in the permit drawing, with persons having the most points receiving the greatest priority. If two applicants submit a joint application (buddy permit), the priority will be given based on the lowest number of points possessed by either applicant. Any person who is issued a paddlefish permit shall lose all accumulated preference points.
006.07D8 An individual may not submit more than one application for a paddlefish snagging permit or preference point during any paddlefish snagging application period.
006.07D9 Two anglers may submit a joint application (buddy permit) but both must be either residents or non-residents. A resident cannot submit a joint application with a non-resident.
006.07D10 An individual must be 12 years old by October 1 to apply for a paddlefish snagging permit.
006.07D11 In the waters of the Missouri River, South Dakota resident tag/permit is valid immediately below Gavins Point Dam to 0.6 miles downstream but South Dakota non-resident tag/permit is not valid in that area.
006.07E Ninety-five percent (95%) of the paddlefish permits available will be reserved for residents. If the number of residents applying for permits exceeds the number of permits available, any of the five percent (5%) of the permits reserved for non-residents remaining after the application period, will be issued to resident anglers identified by the random draw.
006.07F A paddlefish must be tagged immediately in the dorsal fin upon addition to the creel with the anglers paddlefish tag. Any paddlefish tag that is locked shut prior to attachment, altered, or modified shall be voided and not replaced.
006.07F1 A snagger must cast for and hook their own fish.
006.07F2 After completion of the fishing trip and upon leaving the Missouri River, an angler can process the harvested paddlefish down to two (2) whole fillets. Both the closed paddlefish tag and permit would need to remain with the fillets.
006.08 REFUGE LAKES:

VALENTINE NATIONAL WILDLIFE REFUGE LAKES (Cherry County):

006.08A The possession or use of live or dead baitfish and the possession of any fish not taken from these waters is unlawful. However, frozen or dead smelt and legal fish harvested from these waters may be used for bait.

CRESCENT LAKE NATIONAL WILDLIFE REFUGE LAKES (Garden County):

006.08B The possession or use of live or dead baitfish and the possession of any fish not taken from these waters is unlawful. However, frozen or dead smelt and legal fish harvested from these waters may be used for bait.
006.08C DESOTO NATIONAL WILDLIFE REFUGE: Sport fishing by hook and line and archery is permitted as designated by refuge regulations. The use of trot lines and float lines is unlawful. All fishermen shall conform with the regulations of the State in which they are licensed, either Nebraska or Iowa.
006.09 BORDER WATERS:
006.09A Any person possessing a valid fishing license or permit issued by the state of South Dakota, Iowa or Missouri, or who is legally exempted from those license or permit requirements, without further permit or license, may fish for any species except paddlefish with hook and line, bow and arrow and surface spears in the flowing portions and backwaters, sloughs and chutes that draw water from the Missouri River proper within the boundary of Nebraska adjacent to the state where they possess a valid fishing license or permit or are exempted from having one. These anglers may also fish with hook and line, bow and arrow, and surface spears in the Nebraska portion of any oxbow lakes through which a state boundary passes for a state where they possess a valid fishing license or permit or are exempted from having one. Any person possessing a valid fishing license or permit issued by the state of Iowa or Missouri or is legally exempted from those license or permit requirements without further permit or license, may fish all waters of the Hamburg Bend WMA and the Nebraska portion of the Missouri River between the Hamburg Bend chute entrance structure (River Mile 555.5) and chute exit structure (River Mile 552.1).

Except that in the tailwaters of Gavins Point Dam from the dam to 0.6 miles downstream, a non-resident Nebraska fishing permit is required of persons who are not residents of Nebraska or South Dakota when fishing from boat or either bank.

006.09A1 All reciprocal privileges in Section 006.09A shall be contingent upon a grant of like privileges by the appropriate neighboring state to the permitted, licensed or exempted hook and line, bow and arrow, or surface spearfishing anglers of Nebraska.
006.09A2 Regulations regarding method of take, size, bag and possession limits of the more restrictive state between the licensing state and the State of Nebraska shall apply in South Dakota, Iowa and Missouri boundary waters.
006.09A3 Anglers fishing the border waters between Nebraska and South Dakota, Iowa, or Missouri are allowed one (1) daily bag limit of fish from these border waters per day as defined in regulations regardless of the number of permits held or state(s) in which they are held.
006.09A4 Anglers licensed, permitted, or exempted in South Dakota, Iowa or Missouri may fish from or attach devices or equipment to land under the jurisdiction of Nebraska adjacent to the state where they possess a valid fishing license or permit or are exempted from having one.
006.10 LEGAL NETS, TRAPS AND OTHER DEVICES: It shall be unlawful to possess or use any and all nets, traps, electrical gear capable of stunning fish, or other devices except legal baitfish methods of take described in Section 009.04 or under authorization of special permits as follows:
006.10A Commercial Fishing Permit
006.10B Private Pond Authorization
006.10C Salvage
006.10D Scientific Collections
006.10E Landing nets, made of non-metallic mesh used only for the landing of fish caught on hook and line.
006.10F Legal turtle traps as described in Section 006.01E.
006.11 SPECIAL AREAS: Special area regulations are in effect on the following areas:
006.11A TWO RIVERS SRA (Douglas County)
006.11A1 A daily trout fishing tag is required to possess trout on the Two Rivers SRA (fee $6.00).
006.11A2 FEE FISHING AREA: Lake No. 5 within the Two Rivers SRA (Douglas County) is designated as a special trout fishing area, subject to the following regulations:
006.11A2a Each angler shall wear the trout tag or tags, on their person in a conspicuous place while fishing during the time period of March 1 through June 30.
006.11A2b Each angler shall be limited to the use of one (1) rod and reel or fishing pole. Archery fishing, snagging and spearing are prohibited.
006.11A2c All fish, live or dead, are prohibited as bait.
006.11A2d Each angler shall keep their fish on a separate stringer or container under their control.
006.11A2e Each trout caught shall be counted in the bag limit, and no trout caught shall be returned to the water.
006.11A2f Each angler shall report their catch at the Administration Building and return their tag or tags each day when finished.
006.11B TROUT SPAWNING STREAMS tributary to the North Platte River and McConaughy Reservoir (Sioux, Scotts Bluff, Morrill, Garden and Keith counties): it shall be unlawful to possess a net or seine of any type except legal landing nets that shall have a maximum diameter of 12 inches, a maximum depth of 15 inches and a maximum handle length of three (3) feet on the following streams.

Dry Sheep Creek

Cedar Creek

Wildhorse Creek

Spotted Tail Creek

Stuckenhole Creek

Dry Spotted Tail Creek

Nine Mile Creek

Otter Creek

Tub Spring Creek

Clear Creek

Winters Creek

Lonergan Creek

006.12 On the following fishing areas it shall be unlawful to have in possession or use live baitfish, while fishing on that waterbody. While on that waterbody, it shall also be unlawful to have in possession any live fish other than those legally harvested from that water body, which may be also used for bait. These waterbodies are as follows:

LAKE

COUNTY

Crystal Lake

Adams County

Clear Lake

Brown County

Cottonmill Lake

Buffalo County

Ravenna Lake

Buffalo County

Yanney Park Lake

Buffalo County

Chalkrock Lake WMA

Cedar County

Rat and Beaver WMA

Cherry County

Ansley City Lake

Custer County

Arnold Lake

Custer County

Melham Lake

Custer County

Kramper Lake

Dakota County

Kirkpatrick Lake

Dawson County

Lake Helen

Dawson County

Lexington City Lake

Dawson County

West Cozad WMA

Dawson County

Bennington Lake

Douglas County

Flanagan Lake

Douglas County

Glenn Cunningham Lake

Douglas County

Standing Bear Lake

Douglas County

Rock Creek Lake SRA

Dundy County

Avocet WMA

Grant County

Defair Lake WMA

Grant County

Frye Lake WMA

Grant County

Bethphage Pond

Kearney County

Conestoga Lake SRA

Lancaster County

Hedgefield Lake WMA

Lancaster County

Holmes Lake

Lancaster County

Olive Creek Lake SRA

Lancaster County

Stagecoach Lake SRA

Lancaster County

Wagon Train Lake SRA/WMA

Lancaster County

Wildwood Lake

Lancaster County

Yankee Hill Lake WMA

Lancaster County

East Sutherland WMA

Lincoln County

North Platte I-80 City Lake

Lincoln County

Skyview Lake

Madison County

Ta-Ha-Zouka Park Lake

Madison County

Duck Creek Recreation Area

Nemaha County

Iron Horse Trail Lake

Pawnee County

Holdrege City Lake

Phelps County

Wilbur Reservoir

Saline County

Big Elk Lake (WP 7)

Sarpy County

Prairie Queen Recreation Area

Sarpy County

Wehrspann Lake

Sarpy County

Portal Lake (WP 6)

Sarpy County

Lake Wanahoo

Saunders County

Meadowlark Lake

Seward County

Bowman Lake

Sherman County

Pibel Lake

Wheeler County

163 Neb. Admin. Code, ch. 2, § 006

Amended effective 1/2/2016.
Amended effective 2/27/2018
Amended effective 5/9/2018
Amended effective 4/10/2019
Amended effective 12/9/2020
Amended effective 9/27/2021
Amended effective 7/27/2022
Amended effective 8/19/2023