37-356. Hunting and fishing guide and outfitter database; voluntary; fee; applicant; eligibility.

436 words·~2 min read·/ne/chapter-37/37-356

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

(1)For purposes of this section:

(a)Guide means a person who advertises or otherwise holds himself or herself out to the public for hire as a guide for hunting or fishing, or both, to provide services to any person for the purpose of hunting or fishing for any animal; and

(b)Outfitter means a person who advertises or otherwise holds himself or herself out to the public for hire to assist any person in the taking of animals by providing facilities, equipment, accommodations, or other services for use in hunting or fishing for any animal. Outfitter does not mean any self-guided excursion or group hunt.

(2)The commission may establish and maintain on its website a voluntary hunting and fishing guide and outfitter database. The commission may establish a registration fee for guides and outfitters applying for placement on the database. Such fee shall be in a reasonable amount the commission deems necessary to cover the costs of administering the database.

(3)A person may apply to the commission for placement as a guide or an outfitter on the database for a period of three years. An applicant for placement on the database as a guide or an outfitter may be included in the database if such applicant:

(a)Has never been convicted of any felony, has never been cited for trespassing, has not violated any state or federal game law within the three years prior to application, and does not have his or her privilege or right to hunt or fish suspended in Nebraska, another state, or a participating state in the Interstate Wildlife Violator Compact;

(b)Has completed a commission-sponsored hunter education program or a similar program approved by the commission. This subdivision does not apply to fishing guides or fishing outfitters;

(c)Provides proof of adequate liability insurance or similar bond security;

(d)Is a registered business in the State of Nebraska; and

(e)Agrees to comply with any other requirements established under the Game Law and pursuant to the rules and regulations of the commission.

(4)The commission may remove a guide or an outfitter from the database for any violation of the Game Law or the rules and regulations of the commission or for any failure by such guide or outfitter to maintain compliance with the requirements set forth in subsection

(3)of this section. The commission shall not be liable for any such failure by a guide or outfitter.

(5)The commission may adopt and promulgate rules and regulations to carry out this section. This section does not apply to licensees of licensed game breeding and controlled shooting areas.