Section 163-2-001 - Commercial Put and Take Fisheries RegulationsThe following regulations are prescribed by the Nebraska Game and Parks Commission, State of Nebraska, in accordance with Neb. Rev. Stat. §§ 37-301, 37-304, 37-314 and 37-4,108. For purposes of these regulations, unless context otherwise requires, the definitions found in Chapter 37, sections 206-213 of the Game Law, are used. These regulations are effective following enactment by the Commission, approval by the Attorney General and Governor, and when five days have elapsed since filing with the Secretary of State.
001.01 State laws provide the following requirements:001.01A No regular state fishing permit shall be required for fishing in any duly licensed Commercial Put and Take Fishery operating under the rules and regulations prescribed by the Nebraska Game and Parks Commission.001.01B The permit fee shall be payable in advance001.01C No person shall operate such an establishment without first obtaining such permit.001.01D Before issuing a permit the Fisheries Division, Nebraska Game and Parks Commission shall investigate each establishment annually and be satisfied that the fishery will operate within applicable state and federal laws.001.02 The fee shall cover a period from January 1 to December 31, inclusive, or any fractional period thereof. All permits shall expire at midnight on December 31 of the year in which issued.001.03 A written application, furnished by the Fisheries Division, Nebraska Game and Parks Commission, must be submitted and must be complete in all respects.001.04 On commercial put-and-take fishery ponds that have natural outlets to other waters on other land, permanent screens shall be installed so that no fish may enter from flood waters or leave waters of the commercial put-and-take fishery. Screens must be approved by the Fisheries Division, Nebraska Game and Parks Commission and the mesh of such screens shall be not greater than one-half inch wire mesh screen. Permits shall not be issued unless screens can effectively keep fish in or out of the commercial put-and-take pond.001.05 All waters for such purposes shall be entirely within the exterior boundaries of the land owned or leased by the applicant for such purposes.001.06 A legal description must accompany the application. If land is leased, a copy of the lease must accompany the application.001.07 All fish used in said fishery shall be legally acquired from legal fish dealers or private hatcheries aquaculture facilities inside or outside the state. All species of fish to be used must be approved by the Fisheries Division, Nebraska Game and Parks Commission. The permit to operate such fishery shall not confer upon the operator the right to take wild fish from the natural resources of the state. 001.07A It shall be unlawful to import all live fish of the salmonid family (trout, char, and salmon).001.07B It shall be unlawful to import any live fish without being inspected and found free of Viral Hemorrhagic Septicemia (VHS) and Spring Viremia of Carp (SVCV). Largemouth bass shall have been inspected and found free of Largemouth Bass Virus (LMBV) and live yellow perch shall have been inspected and found free of Heterosporis.001.07C An "Application for Importation" fertilized eggs, gametes, or live fish, plus a current (within previous 12 months) disease inspection report of the supplying facility and its fish shall be submitted to the Fisheries Division, Nebraska Game and Parks Commission not less than 10 days prior to each importation. 001.07C1 All disease inspections shall be conducted by methods and procedures acceptable to the Commission. The most recent publication "Suggested Procedures for the Detection and Identification of Certain Finfish and Shellfish Pathogens" published by the Fish Health Section of the American Fisheries Society should be used as a guideline. Inspections shall be conducted by an individual certified as a Fish Health Inspector or Fish Pathologist or as approved by the Commission.001.08 The permit shall be posted or displayed in a conspicuous place on the fishery premises described in the application.001.09 Before any fish are removed from the fishery premises, the operator of said fishery must furnish a statement or invoice to each person removing fish from the hatchery premises. The invoice shall state the name and address of the person removing fish, the number and kind of fish removed, and shall be signed by the operator. All entries on the invoice shall be in ink.001.10 There is no state bag or possession limit or hook and line limits on licensed put and take fisheries.001.11 Operator of such fishery may set his own bag or possession limits or make other regulations regarding the operation of the fishery that do not conflict with state or federal laws and regulations. 001.012 Any agent or officer of the Nebraska Game and Parks Commission may enter upon fisheries premises for the purposes of inspecting the same or for the purpose of enforcing state laws and regulations. 001.12A If the agent or officer finds evidence that one of the listed diseases (Section 001.12B) may be present an adequate sample of fish shall be surrendered for a diagnostic inspection.001.12B Upon identification of any of the following diseases (Viral Hemorrhagic Septicemia (VHS), Infectious Pancreatic Necrosis (IPN), infectious Hematopoietic Necrosis (IHN), Renibacterium salmoninarum (Bacterial Kidney Disease - BKD), Yersinia ruckeri (Enteric Redmouth Disease - ERM), Aeromonas salmonicida (Furunculosis), Myxobolus (Myxosoma) cerebralis (Whirling Disease - WHD), Largemouth Bass Virus (LMBV), and Heterosporis), the Director of the Commission shall impose an immediate prohibition of moving any fish for up to 30 days. During the prohibition a compliance agreement stating the appropriate procedures for the disposal of the infected fish and the disinfection of the facility shall be determined by the Commission's representative and the owner/operator. The agreement shall be designed to bring the least amount of economic hardship to the affected party while affording maximum protection to other operators, growers, and the fishery resources of the state.
001.013 It shall be unlawful for commercial put and take operators to fail to provide a written report by January 15 of the year following the permit expiration. 001.13A It shall be unlawful to fail to report the date, number, species, size and source of the fish purchased. Reports shall be on approved forms or as furnished by the Fisheries Division, Nebraska Game and Parks Commission.001.13B Failure to comply with this regulation will disqualify the permittee for issuance of subsequent permit.163 Neb. Admin. Code, ch. 2, § 001
Amended effective 2/27/2018