163 Neb. Admin. Code, ch. 4, § 004

Current through September 17, 2024

Section 163-4-004 - Threatened and endangered species

The following regulations are prescribed by the Game and Parks Commission, State of Nebraska in accordance with Neb. Rev. Stat. §§ 37-301, 37-314, 37-316, 37-418, 37-540, 37-542, 37-548 through 37-549, and 37-801 through 37-811. For purposes of these regulations, unless context otherwise requires, the definitions found in Chapter 37, sections 202 through 247 of the Game Law, are used.

004.01 ENDANGERED SPECIES

Common Name	Scientific Name	Location1
Birds
*Whooping crane	Grus americana	Entire
*Eskimo curlew2	Numenius borealis	Entire
interior least tern	Stemula antillarum athalassos	Entire
Mammals
*Black-footed ferret	Mustela niaripes	Entire
Swift fox	Vulpes velox	Entire
Plants
*Blowout penstemon	Penstemon havdenii	Entire
**Colorado butterfly plant	Gaura neomexicana ssp. coloradensis	Entire
Saltwort	Salicornia rubra	Entire
Fishes
*Topeka shiner	Notropis topeka	Entire
*Pallid sturgeon	Scaphirhvnchus albus	Entire
Blacknose shiner	Notropis heterolepis	Entire
Sturgeon chub	Macrhvboosis qelida	Entire
Invertebrates
*American burying beetle	Nicrophorus americanus	Entire
*Salt Creek tiger beetle	Cicindela nevadica lincolniana	Entire
*Scaleshell mussel	Leptodea leptodon	Entire
*Also listed as endangered in Nebraska under the Federal Endangered Species Act.
**Also listed as threatened in Nebraska under the Federal Endangered Species Act.
1Portion of Nebraska where endangered or threatened.
2Last reported Nebraska sighting was made in 1926, no documented sighting anywhere since 1962. Species likely extinct.
3There are recent (not historical) records of this species in Nebraska. However, there are no known breeding populations and/or Nebraska does not provide an important stopover or migratory path for this species.

004.02 THREATENED SPECIES

Common Name	Scientific Name	Location1
Birds
Mountain plover	Charadrius montanus	Entire
**Piping plover	Charadrius melodus	Entire
**Red knot	Calidris canutus rufa	Entire
McCown's Lonqspur	Rhvnchophanes mccownii	Entire
Mammals
Southern flying squirrel	Glaucomvs volans	Entire
**Northern long-eared bat	Myotis septentrionalis	Entire
Plants
**Ute ladies'-tresses orchid	Spiranthes diluvialis	Entire
**Western prairie fringed orchid	Platanthera praeclara	Entire
American Ginseng	Panax quinquefolius	Entire
Small white lady's-slipper	Cypripedium candidum	Entire
Fishes
Lake sturgeon	Acipenser fulvescens	Entire
Northern redbelly dace	Chrosomus eos	Entire
Finescale dace	Chrosomus neoqaeus	Entire
Reptiles
Massasauga	Sistrurus catenatus	Entire
Timber Rattlesnake	Crotalus horridus	Entire
*Also listed as endangered in Nebraska under the Federal Endangered Species Act.
**Also listed as threatened in Nebraska under the Federal Endangered Species Act.
1 Portion of Nebraska where endangered or threatened.
3There are recent (not historical) records of this species in Nebraska. However, there are no known breeding populations and/or Nebraska does not provide an important stopover or migratory path for this species.

004.03 General Regulations

It shall be unlawful to:

004.03A Take, export, possess, process, sell or offer for sale, deliver, carry, transport, or ship by any means whatsoever any threatened species, except as specifically provided by state or federal law, with the following exceptions:

004.03A1 Accidental taking of any lake sturgeon or pallid sturgeon through commercial operations or by hook and line will not be considered unlawful if returned to the water immediately.

004.03A2 Taking of massasauga or timber rattlesnake will not be considered unlawful it if is done for the immediate protection of the health of humans, livestock or pets.

004.03A3 Possession, processing, sale or transport of cultivated (non-wild) ginseng, or wild ginseng that is legally harvested outside of Nebraska, shall not be considered unlawful.

004.03A4 Unintentional taking of plants resulting from normal agricultural practices shall not be considered unlawful.

004.03B Take by seine or trap any fish in any of the streams listed below:

Brush Creek west of Brownlee in Cherry County

Cottonwood Creek in Keya Paha County

East Holt Creek in Keya Paha County

Gordon Creek west of Highway 61 in Cherry County

Holt Creek in Keya Paha County

Niobrara River east of Box Butte Reservoir and west of Highway 385 in Dawes County

Taylor Creek west of Highway 81 in Madison County.

163 Neb. Admin. Code, ch. 4, § 004

Amended effective 10/31/2017

Amended effective 1/29/2018

Amended effective 4/15/2020

Amended effective 9/30/2020

Amended effective 12/9/2020