Nebraska Captive Hunting Statutes and Regulations

No Ban: Mammals permitted.

Statute

A permit is required for the operation of a game farm. R.S.N §37-465. The application for a game farm permit requires disclosure of, among other things, "the kind and approximate number of game animals, game birds, furbearing animals...authorized to be kept or reared on such farm or in such facility." Id. at §37-465(3).

The issuance of a game farm permit also allows for the importation of game animals, game birds, fur-bearing animals, and aquatic organisms except as provided in other statutory provisions. Id. at §37-466.

Game farm permits are not, however, required for "possession or production of domesticated cervine animals as defined in section 54-701.03 which are registered with the Domesticated Cervine Animal Registry pursuant to section 54- 2301." Id. at §37-465.

"Game animals" refers to "all antelope, cottontail rabbits, deer, elk, mountain sheep, squirrels, mountain lions, moose, and bears." Id. at §37-228.

A separate permit is required for the operation of a commercial game farm. Id. at §37-479.

The applicant for such a permit must also comply with "all provisions of sections 37-465 to 37-469" and other statutory provisions. Id.

Another provision requires a license to be obtained by anyone "who desires to establish a game breeding and controlled shooting area to propagate, preserve, and shoot game birds…" Id. at §37-484.

A separate permit is required to keep "any wild birds or animals" in captivity in this state. Id. At §37-477.

No person "shall keep in captivity...any wolf, skunk, or any member of the families Felidae and Ursidae...(except for) any person who holds a commercial game or fur farmer permit..." Id. at §37-477(3)(d).

However, §37-481 does not require permits to keep wild birds or animals in captivity for "any bona fide circus or animal exhibit for the purpose of keeping in captivity wild birds or animals or for the purpose of selling, trading, or otherwise disposing of any wild birds or animals."

Nebraska Agriculture Code requires a permit to buy, sell, possess,or own domesticated cervine. 54-2305. Domesticated cervine animal means any elk, deer, or other member of the family cervidae legally obtained from a facility holding a state-issued license.

Regulation

Pursuant to the Nebraska Administrative Code, "a commercial game breeding and controlled shooting area shall be defined as one which offers goods or services to clients for a fee or trade, thereby generating income and/or profit." 163 NAC 4-015.02B1.

The only birds who can be released on shooting areas for the purpose of hunting are pheasant, quail, partridge, and mallard ducks. Id. at §4- 015.04A.

Existing Nebraska regulations specify that it is "unlawful for any person or persons to retain wild birds or wild mammals in captivity except the following species may be kept under authority of a Captive Wildlife Permit or a Controlled Shooting Area Permit." Id. at §4- 0008.01A. See also, Id. at §4-008.03A.

The term "captivity" means a condition which limits or restricts the free egress or free range of wild birds, wild mammals or wildlife by the use of fences, barriers or restraints. The species referred to include white-tailed deer, and bighorn sheep in some parts of the state. Id. The ownership of mule deer and bighorn sheep in portions of the state is banned (with the exception of grandfathered facilities). 4-008.07.

A permit is necessary to purchase or possess any species of wild birds or wild mammals protected by these regulations except that species not listed on the permit and otherwise not prohibited by these regulations may be purchased at an auction or other sale. Id. At §4-008.01B. Such permits will not be issued for wild birds or wild mammals taken or removed from the wild. §4-008.01D.

It is unlawful to keep any wild birds or wild mammals in captivity "unless they are confined in a manner reasonably designed to prevent escape and are given humane treatment..." Id. at §4-008.01E.

Wild birds and wild mammals "must be placed in a semi-natural environment where they will have substantial freedom of movement. Id. At §4-008.02C.

If ungulates are held in a pasture, the pasture fence "must consist of a permanent sheep-tight fence at least 8 feet in height and constructed in such a manner as to prohibit escape of captive animals and the possible ingress of wild ungulates." Id. at §4-008.02D.

While efforts must be undertaken to prevent overcrowding of wild birds and wild mammals in captivity and to maintain healthy conditions that are free from disease, the disposal of surplus animals can including hunting "at any time within the confines of a sheep-tight fence ...in accordance with the minimum weapon requirements established for the hunting of free ranging wild ungulates." Id. at §4-008.02E3.

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