Nebraska

Summary: This Nebraska statute states that it shall be unlawful to hunt rabbits, squirrels, or any fur-bearing animal with or by the aid of a ferret. It is also unlawful to have a ferret in one's possession or control in a field or forest or in any vehicle going to or from hunting territory. Any person violating this section shall be guilty of a Class III misdemeanor and shall be fined at least fifty dollars.

Summary: The Nebraska Emergency Management Agency creates the State Emergency Operations Plan (SEOP). According to the NEMA website, "[t]his State Emergency Operations Plan establishes the policies, plans, guidelines and procedures that will allow all our emergency resources to function effectively, as a team, when disaster strikes. In content and in format, the Plan is consistent with the current nationwide concept embodied in the Integrated Emergency Management System (IEMS) in that the Plan provides for performing specific functions across the full spectrum of hazards. Most tasks and capabilities apply across a broad range of hazards. By treating them in that manner we show an integrated approach to disaster management. Unique aspects of certain hazards are addressed separately, where necessary. Therefore, this is truly a multi-hazard functional plan."

Summary: This law requires exotic animal auction or exchange venue organizers to maintain records in order to track animal diseases.

Summary: These statute prohibits internet hunting and the hosting of internet hunting within the state of Nebraska. Any person who violates subsection (1) or subsection (2) of section 37-572 is guilty of a Class II misdemeanor.

Summary: Defendant was convicted of convicted of two counts of mistreatment of a livestock animal in violation of Neb.Rev.Stat. § 54–903(2) (Reissue 2010) and four counts of neglect of a livestock animal in violation of § 54–903(1). Defendant owned and maintained a herd of over 100 horses in Burt County, Nebraska. After receiving complaints, the local sheriff's office investigated the herd. An expert veterinarian witness at trial testified that approximately 30% of the herd scored very low on the scale measuring a horse's condition and there were several deceased horses found with the herd. On appeal, defendant argued that there was insufficient evidence to support several of his convictions. Specifically, defendant challenged whether the state proved causation and intent under the statute. The court found that the prosecution proved through testimony that defendant caused the death of the horses subject to two of the convictions. With regard to intent, the court found that the evidence showed it would have taken weeks or month for a horse to reach to the low levels on the scale. The court found that defendant was aware of the declining condition of the herd over a significant amount of time, and failed to adequately feed, water, or provide necessary care to his horses. The convictions were affirmed.

Summary: These Nebraska laws provide the state's veterinary lien provisions, which concern only liens on livestock animals. Under Section 52-701, a licensed veterinarian who is contracted or hired to treat or in any way take care of any kind of livestock has a lien on that livestock for the reasonable value of services and medicines provided. This lien is treated as an agricultural lien under the UCC and may be enforced in the manner of other secured transactions in article 9 of the UCC. The lien must be perfected as provided under article 9 with the information outlined in this law.

Summary: Plaintiff agreed to watch a couple’s dog while they were out of town. While plaintiff was caring for the dog, the animal bit her on her lower lip. Plaintiff filed a claim with the couple's insurance company. The insurance company rejected the claim because the plaintiff was also "insured," defined to include “any person ... legally responsible” for covered animals, and the policy excluded coverage for bodily injuries to "insureds." Plaintiff filed an action for declaratory judgment against the insurance company, seeking a determination that the policy covered her claim. The insurance company moved for summary judgment, and the district court sustained the insurance company's motion, reasoning that plaintiff was “legally responsible” for the dog because she fed and watered the animal and let it out of the house while the couple was away. The Supreme Court of Nebraska affirmed and held the insurance company was entitled to summary judgment.

Summary: Nebraska, like many other states, addresses the question of who may possess a Great Ape by reference to federal law. Nebraska's Nongame Endangered Species Conservation Act states that it is "unlawful for any person to take, possess, transport, export, process, sell or offer for sale, or ship nongame wildlife in need of conservation...." As with other states, Nebraska also has exceptions to the ban against possessing endangered species under its provisions concerning possession of captive wildlife. Great Apes do fall under the definition of "animal" in Section 28-1008, and are thus covered by the general ban against cruelty. The statute, however, carves out an exception for research facilities that meet federal standards.

Summary: A constitutional amendment to establish the right to hunt, to fish, and to harvest wildlife and to state that public hunting, fishing, and harvesting of wildlife shall be a preferred means of managing and controlling wildlife. It passed with 76.7% of the vote.

Summary: These are the state's veterinary practice laws.  Among the provisions include licensing requirements, laws concerning the state veterinary board, veterinary records laws, and the laws governing disciplinary actions for impaired or incompetent practitioners.