Nebraska LB 374: Provide for raptor permits for wildlife abatement

Bill Text

LEGISLATIVE BILL 374
Approved by the Governor May 29, 2019
 
Introduced by Brewer, 43; Erdman, 47.
 
A BILL FOR AN ACT relating to the Game Law; to amend sections 37-202, 37-497,
and  37-498,  Reissue  Revised  Statutes  of  Nebraska,  and  section  37-201,
Revised Statutes Cumulative Supplement, 2018; to define a term; to change
provisions relating to falconry permits; to provide for raptor permits for
wildlife  abatement;  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 Cumulative Supplement, 2018,
is amended to read:
37-201 Sections 37-201 to 37-811 and 37-1501 to 37-1510 
and section 3 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, Reissue Revised Statutes of Nebraska, 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 and section 3 of
this act are used.
Sec. 3.  Wildlife abatement means the use of a trained raptor to frighten,
flush, haze, take, or kill certain wildlife to manage depredation, damage, or
other threats to human health and safety or commerce caused by such wildlife.
Sec. 4. Section 37-497, Reissue Revised Statutes of Nebraska, is amended
to read:
37-497  (1)  The  commission  may  take  such  steps  as  it  deems  necessary  to
provide for the protection and management of raptors. (2) The commission may
issue raptor falconry permits for the taking and possession of raptors for the
purpose of practicing falconry or wildlife abatement.
(2) A raptor falconry permit for falconry may be issued only to a resident
of the state who has paid the fees required in this subsection and has passed a
written and oral examination concerning raptors given by the commission or an
authorized representative of the commission. The commission shall charge a fee
for  each  permit  of  not  more  than  twenty-three  dollars  for  persons between
twelve and twelve to seventeen years of age and not more than sixty-one dollars
for persons eighteen years of age and older, as established by the commission
pursuant to section 37-327. If the applicant fails to pass the examination, he
or  she  shall  not  be  entitled  to  reapply  for  a raptor falconry  permit for
falconry  for  a  period  of  six  months  after  the  date  of  the  examination. No
person  under A  person  less  than  twelve  years  of  age  shall not  be  issued  a
raptor falconry permit for falconry. A person between twelve and from twelve to
seventeen years of age may be issued a permit only if he or she is sponsored by
an adult who has a valid raptor falconry permit for falconry and appropriate
experience. All raptor falconry permits for falconry shall be nontransferable
and shall expire three years after the date of issuance. If the commission is
satisfied  as  to  the  competency  and  fitness  of  an  applicant  whose  permit  has
expired, his or her permit may be renewed without requiring further examination
subject to terms and conditions imposed by the commission. The commission shall
adopt and promulgate rules and regulations outlining species of raptors which
may be taken, captured, or held in possession.
(3)  A  raptor  permit  for  wildlife  abatement  may  be  issued  only  to  a
resident of the state who has paid the fees required in this subsection and has
agreed  to  comply  with  federal  law  concerning  raptors  used  for  wildlife
abatement as attested to in his or her application. The commission shall charge
a fee for each permit of not more than twenty-three dollars for persons between
twelve  and  seventeen  years  of  age  and  not  more  than  sixty-one  dollars  for
persons  eighteen  years  of  age  and  older,  as  established  by  the  commission
pursuant to section 37-327. No person under twelve years of age shall be issued
a raptor permit for wildlife abatement. A person between twelve and seventeen
years  of  age  may  be  issued  a  permit  only  if  he  or  she  is  sponsored  and
supervised by an adult who has a valid raptor permit for wildlife abatement and
appropriate  experience.  All  raptor  permits  for  wildlife  abatement  shall  be
nontransferable and shall expire three years after the date of issuance. The
commission shall adopt and promulgate rules and regulations to carry out this
subsection.
(4) (3) The commission may issue captive propagation permits to allow the
captive  propagation  of  raptors.  A  permit  may  be  issued  to  a  resident  of  the
state who has paid the fee required in this subsection. The fee for each permit
shall  be  not  more  than  three  hundred  five  dollars,  as  established  by  the
commission  pursuant  to  section  37-327.  The  permit  shall  be  nontransferable,
shall expire three years after the date of issuance, and may be renewed under
terms  and  con