Neb. Rev. Stat. §§ 37-802

Current with changes through the 2024 First Special Legislative Session

Section 37-802 - Terms, defined

For purposes of the Nongame and Endangered Species Conservation Act, unless the context otherwise requires, the definitions found in sections 37-203 to 37-236, 37-238, 37-239, 37-241, and 37-243 to 37-247 and the following definitions are used:

(1)

(a) Critical habitat means any specific area within the geographical area occupied by any endangered or threatened species at the time such species was listed pursuant to section 37-806 that contains the physical or biological features that are essential to the conservation of the species and that may require special management considerations or protection.

(b) Critical habitat includes any specific area outside the geographical area occupied by the species at the time such species is listed pursuant to section 37-806 upon a determination by the commission that such area is essential for the conservation of the species.

(c) Critical habitat does not include any manmade structure that is not necessary to the survival or recovery of any endangered or threatened species that is listed pursuant to section 37-806, including any transportation infrastructure or human settlement.

(d) Each public road, street, and highway, including any associated right-of-way, is a manmade structure and is not critical habitat for purposes of the Nongame and Endangered Species Conservation Act;

(2) Endangered species means any species of wildlife or wild plants whose continued existence as a viable component of the wild fauna or flora of the state is determined to be in jeopardy or any species of wildlife or wild plants which meets the criteria of the Endangered Species Act;

(3) Exempt party means any state agency or political subdivision with a lawful duty to design, construct, reconstruct, repair, operate, or maintain transportation infrastructure, or any agent, employee, consultant, or contractor of any such state agency or political subdivision;

(4) Extirpated species means any species of wildlife or wild plants which no longer exists or is found in Nebraska;

(5) Nongame species means any species of mollusks, crustaceans, or vertebrate wildlife not legally classified as game bird, game animal, game fish, fur-bearing animal, threatened species, or endangered species by statute or regulation of this state;

(6) Person means an individual, corporation, partnership, limited liability company, trust, association, or other private entity or any officer, employee, agent, department, or instrumentality of the federal government, any state or political subdivision thereof, or any foreign government;

(7) Restore means to return to a state that is not less beneficial for endangered or threatened species than the property was prior to an exempt party's actions;

(8) Species means any subspecies of wildlife or wild plants and any other group of wildlife of the same species or smaller taxa in common spatial arrangement that interbreed when mature;

(9) Take means to harass, harm, pursue, hunt, shoot, wound, kill, trap, capture, or collect or attempt to engage in any such conduct;

(10) Threatened species means any species of wild fauna or flora which appears likely to become endangered, either by determination of the commission or by criteria provided by the Endangered Species Act; and

(11) Transportation infrastructure includes any:

(a) Road, street, highway, or right-of-way of a road, street, or highway;

(b) Previously approved and utilized interdependent or interrelated contractor-use site that is identified on the website of the Department of Transportation, including any borrow, waste, plant, stockpile, or construction debris site;

(c) Actions permitted by a state agency or political subdivision within any road, street, highway, or right-of-way of any road, street, or highway controlled by the state agency or political subdivision;

(d) Pedestrian or bicycle trail, lane, or bridge;

(e) Technology with the primary purpose of benefiting the traveling public; and

(f) Broadband infrastructure placed by the Department of Transportation.

Neb. Rev. Stat. §§ 37-802

Laws 1975, LB 145, § 2; Laws 1984, LB 466, § 3; Laws 1987, LB 150, § 2; Laws 1993, LB 121, § 202; R.S.1943, (1993), § 37-431; Laws 1998, LB 922, § 352; Laws 2024, LB 1335, § 3.

Amended by Laws 2024, LB 1335,§ 3, eff. 7/19/2024.