37-447 Permit to hunt deer; regulation and limitation by commission; issuance; fee; violation; penalty.
37-447. Permit to huntdeer; regulation and limitation by commission; issuance; fee; violation; penalty.(1)The commission may issue permits for the hunting of deer and prescribe and adopt and promulgate rules and regulations andlimitations for the hunting, transportation, and possession of deer. The commissionmay offer multiple-year permits or combinations of permits at reduced rates.The commission may specify by regulation the information to be required onapplications for such permits. Regulations and limitations for the hunting,transportation, and possession of deer may include, but not be limited to,regulations and limitations as to the type, caliber, and other specificationsof firearms and ammunition used and specifications for bows and arrows used.Such regulations and limitations may further specify and limit the methodof hunting deer and may provide for dividing the state into management unitsor areas, and the commission may enact different deer hunting regulationsfor the different management units pertaining to sex, species, and age ofthe deer hunted.(2) The number of such permits may be limited as providedby the rules and regulations of the commission, and except as provided insection 37-454, the permits shall be disposed of in an impartial manner. Wheneverthe commission deems it advisable to limit the number of permits issued forany or all management units, the commission shall, by rules and regulations,determine who shall be eligible to obtain such permits. In establishing eligibility,the commission may give preference to persons who did not receive a permit or a specified type of permit duringthe previous year or years.(3) Such permits may be issued to allow deer hunting in theNebraska National Forest and other game reserves and such other areas as thecommission may designate whenever the commission deems that permitting suchhunting will not be detrimental to the proper preservation of wildlife inNebraska in such forest, reserves, or areas.(4)(a) The commission shall,pursuant to section 37-327, establish and charge a fee of not more than twenty-ninedollars for residents and not more than two hundred fourteen dollars for nonresidentsfor each permit issued under this section except as otherwise provided in subdivision (b) of thissubsection and subsection (6) of this section.(b) The feefor a statewide buck-only permit shall be no more than two and one-half timesthe amount of a regular deer permit. The commission may provide differentfees for different species.(5) The commissionmay issue nonresident permits after preference has been given for the issuanceof resident permits as provided in rules and regulations adopted and promulgatedby the commission. The commission may require a predetermined applicationperiod for permit applications in specified management units. Such permitsshall be issued after a reasonable period for making application, as establishedby the commission, has expired. When more valid applications are receivedfor a designated management unit than there are permits available, such permitsshall be allocated on the basis of a random drawing. All valid applicationsreceived during the predetermined application period shall be considered equallyin any such random drawing without regard to time of receipt of such applicationsby the commission.(6) The commissionshall, pursuant to section 37-327, establish and charge a fee of not morethan twenty-five dollars for residents and not more than forty-five dollarsfor nonresidents for a youth deer permit.(7) Any person violating the rules andregulations adopted and promulgated pursuant to this section shall be guiltyof a Class II misdemeanor and shall be fined at least one hundred dollarsupon conviction. SourceLaws 1945, c. 85, § 1, p. 305; Laws 1947, c. 133, § 1, p. 376; Laws 1949, c. 103, § 1(1), p. 282; Laws 1951, c. 109, § 1, p. 517; Laws 1953, c. 124, § 1, p. 389; Laws 1957, c. 141, § 1, p. 477; Laws 1959, c. 156, § 1, p. 584; Laws 1969, c. 292, § 1, p. 1063; Laws 1972, LB 777, § 3; Laws 1974, LB 767, § 1; Laws 1976, LB 861, § 6; Laws 1979, LB 437, § 1; Laws 1981, LB 72, § 11; Laws 1984, LB 1001, § 1; Laws 1985, LB 557, § 2; Laws 1993, LB 235, § 13; Laws 1994, LB 1088, § 4; Laws 1995, LB 583, § 2; Laws 1995, LB 862, § 1; Laws 1996, LB 584, § 6; Laws 1997, LB 107, § 2; R.S.Supp.,1997, § 37-215; Laws 1998, LB 922, § 157; Laws 1999, LB 176, § 42; Laws 2003, LB 306, § 4; Laws 2005, LB 162, § 15; Laws 2007, LB299, § 7; Laws 2009, LB105, § 15.