State Codes and Statutes

Statutes > Nebraska > Chapter37 > 37-528

37-528. Administrationof drugs to wildlife; prohibited acts; violation; penalty; section, how construed;powers of conservation officer.(1) For purposesof this section, drug means any chemical substance, other than food, thataffects the structure or biological function of any wildlife under the jurisdictionof the commission.(2) Except with written authorization from the secretary ofthe commission or his or her designee or as otherwise provided by law, a personshall not administer a drug to any wildlife under the jurisdiction of thecommission, including, but not limited to, a drug used for fertility control,disease prevention or treatment, immobilization, or growth stimulation.(3) This section does not prohibit the treatment of wildlifeto prevent disease or the treatment of sick or injured wildlife by a licensedveterinarian, a holder of a federal migrating bird rehabilitation permit,a holder of a permit regulated under the authority of section 37-316, a holderof a permit regulated under the authority of section 37-4,106, or a holderof a license regulated under the authority of section 37-4,108.(4) This section shall not be construed to limit employeesof agencies of the state or the United States or employees of an animal controlfacility, animal rescue, oranimal shelter licensed under section 54-627 in the performance of their officialduties related to public health or safety, wildlife management, or wildliferemoval, except that a drug shall not be administered by any person for fertilitycontrol or growth stimulation except as provided in subsection (2) of thissection.(5) A conservation officer may take possession or disposeof any wildlife under the jurisdiction of the commission that the officerreasonably believes has been administered a drug in violation of this section.(6) A person who violates this section is guilty of a ClassIV misdemeanor. SourceLaws 2009, LB105, § 33; Laws 2010, LB910, § 2.Effective Date: July 15, 2010