163 Neb. Admin. Code, ch. 2, § 012 - AQUATIC INVASIVE SPECIES REGULATIONS

The following regulations are prescribed by the Nebraska Game and Parks Commission, State of Nebraska, in addition to State Statutes in accordance with Neb. Rev. Stat. 37-206.01, 37.215.01, 37-235, 37-301, 37-304, 37-309, 37-346, 37-355, 37-524, 37524.02, 37-524.03, 37-543, 37-547, 37-548, and 37-1206. For purposes of these regulations, unless context otherwise requires, the definitions found in Chapter 37, sections 201-234 of the Game Law, are used.

012.01 DEFINITIONS

012.01A Aquatic Invasive Species are any exotic or nonnative aquatic organisms that pose a significant threat to the aquatic resources, water supplies, or water infrastructure of this State. Since the current status and level of threat can be different for each species, four different categories are established:

Category 1 - Potential Aquatic Invasive Species;

Category 2 - Priority Aquatic Invasive Species;

Category 3 - Established Aquatic Invasive Species;

Category 4 - Aquatic Invasive Plant Species Listed as Noxious in Nebraska.

Category 1 - Potential Aquatic Invasive Species are those species that have not yet been sampled in Nebraska and are considered a high threat. Those organisms include:

Common Name	Scientific Name
Round Goby	Neogobius melanostoma
Snakehead	Channa sp
Black Carp	Mylopharyngodon piceus
Quagga Mussel	Dreissena rostriformis bugensis
New Zealand Mudsnail	Potamopyrgus antipodarum
Giant Reed	Arundo donax
Brazilian Waterweed, Elodea	Egeria densa
Hydrilla	Hydrilla verticillata
Didymo, Rock Snot	Didymosphenia geminate
Parrot Feather	Myriophyllum aquaticum
Starry Stonewort	Nitellopsis obtuse
Water Hyacinth	Eichhornia crassipes
Giant Salvinia	Salvinia molesta
Water Lettuce	Pistia stratiotes
Marbled Crayfish (Marmokrebs)	Procambarus virginalis
Prussian Carp	Carassius gibelio

Category 2 - Priority Aquatic Invasive Species are those species that are currently present in Nebraska but with limited distribution. They are considered highly unwanted species and all efforts should be taken to prevent the expansion of their populations. Those species include:

Common Name	Scientific Name
Silver Carp	Hyopophthamichthys molitrix
Bighead Carp	Hyopophthamichthys nobilis
White Perch	Morone chrysops
Yellow Bass	Roccus mississippiensis
Zebra Mussel	Dreissena polymorpha
Waterflea	Daphnia lumholtzii
Rusty Crayfish	Orconectes rusticus
Curly-leaf Pondweed	Potomogeton crispus
Flowering Rush	Butomus umbellatus
Eurasian Watermilfoil	Myriophyllum spicatum
Yellow Floating Heart	Nymphoides peltata
Creeping Water Primrose	Ludwigia peploides
Brittle Naiad	Najas minor
White River Crayfish	Procambarus acutus
Red Swamp Crayfish	Procambarus clarkua

Category 3 - Established Aquatic Invasive Species are those species that are well established in Nebraska and total elimination is impossible. Protocols established in subsections 012.02 to 012.04 below do not apply to the species on this list, which includes:

Common Name	Scientific Name
Common Carp	Cyprinus carpio
European Rudd	Scardinius erythrophthalmus
Chinese Mystery Snail	Cipangopaludina chinensis
Japanese Mystery Snail	Cipangopaludina japonica
Asian Clam	Corbicula fluminea
Common Watercress	Nasturium officinale
Reed Canary Grass	Phalaris arundinacea
Narrow-leaf Cattail	Typha angustifolia and hybrids
Western Mosquitofish	Gambusia affinis

Category 4 - Aquatic Invasive Species Listed as Noxious in Nebraska are regulated by the Nebraska Department of Agriculture as noxious plant species. Those species include:

Common Name	Scientific Name
Eurasian Common Reed	Phragmites australis
Saltcedar	Tamarix ramosissima and hybrids
Purple Loosestrife	Lythrum salicaria

012.01B An authorized inspector means a person who has completed Aquatic Invasive Species Level 1 training, or Conservation Officer or peace officer.

012.01C It shall be unlawful to possess or transport any live Category 1 or 2 invasive species.

012.01D It shall be unlawful, on property owned or operated by the Commission, to:

012.01D1 Arrive at, attempt to enter or leave any water body without draining the conveyance by removing any plug or other barrier that prevents water drainage and running any pumps on board to expunge water.

012.01D2 Arrive at, attempt to enter or leave any water body with equipment that contains any aquatic plant material;

012.01D3 Arrive at, attempt to enter or leave any water body with live baitfish in water other than from a domestic source;

012.01D4 Arrive at, attempt to enter or leave any water body with any water other than from a domestic source, except for fire-fighting purposes; or

012.01D5 Use any boots or waders with felt soles in any water body.

012.01E Decontaminate means to remove or destroy Aquatic Invasive Species from a conveyance.

012.01F Equipment means an article, tool, implement, or device capable of containing or transporting water or Aquatic Invasive Species.

012.01G Launch area means any ground along the shoreline of a water body where a conveyance may be launched into the water or loaded out of the water for transport, including but not limited to boat ramps.

012.02 INSPECTIONS

012.02A An authorized inspector is approved by the Commission to require and conduct inspection of any conveyance that may contain or carry an Aquatic Invasive Species as permitted by law.

012.02B It shall be unlawful to fail or refuse to submit to an inspection of a conveyance upon request of an authorized inspector.

012.02C It is the responsibility of the owner of the conveyance to reimburse any costs related to the decontamination procedure.

012.02D If the Commission requires by regulations that an inspection is required prior to launching or attempting to launch a conveyance on any property owned or operated by the Commission, it shall be unlawful to launch or attempt to launch a conveyance without an inspection, and any person operating a conveyance may be ordered to remove the conveyance from the water or any launch area by any Conservation Officer or peace officer if there is probable cause to believe that the conveyance was not properly inspected prior to launch or may otherwise contain Aquatic Invasive Species. Once removed from the water or launch area, the conveyance shall be subject to inspection for the removal and disposal of Aquatic Invasive Species.

012.02E Any authorized inspector who determines that Aquatic Invasive Species are present shall document the inspection, including but not limited to the type and number of Aquatic Invasive Species suspected or detected and identification of the conveyance, including license plate number and hull or vehicle identification number, if available. The authorized inspector shall advise the operator that the conveyance shall be required to be decontaminated according to Commission procedures as soon as possible.

012.03 DECONTAMINATION

012.03A Decontamination of the exterior of a conveyance shall be accomplished by removing or destroying all Aquatic Invasive Species, soil, plants, and organisms through either:

012.03A1 Thoroughly washing the entire exterior of the conveyance and all intakes with a high pressure washer using water at least 140 degrees Fahrenheit and a minimum pressure of five (5) gallons/minute with 3,000 pounds per square inch or psi, and thoroughly washing the interior compartments, equipment and containers in a conveyance that hold water including, but not limited to live wells, ballast and bilge areas with water at least 120 degrees Fahrenheit but not at high pressure with a contact time of 130 seconds. If a bilge pump is present it shall be operated until the bilge appears to be empty. The lower unit of the engine shall be thoroughly flushed with water of at least 140 degrees Fahrenheit. A high pressure (minimum of 3,000 pounds per square inch or psi) water wash or scrubbing will be used as necessary; or

012.03A2 Removing the conveyance from any water body or launch area for 30 days.

012.03B After decontamination, an authorized inspector shall re-inspect the conveyance to ensure complete decontamination has occurred prior to the release of the conveyance. If, following re-inspection, an authorized inspector determines that a complete decontamination has not occurred, the authorized inspector may require additional decontamination by removing the conveyance from any water body or launch area for 30 days.

012.04 IMPOUNDMENT

012.04A All conveyances are subject to impoundment and quarantine by a Conservation Officer or peace officer as permitted by law.

012.04B If the person responsible for an impounded conveyance is not the registered owner, the registered owner shall be notified by mail, return receipt requested, within ten (10) days of the conveyance being impounded. Such notification shall also include contact information for the Conservation Officer or peace officer ordering the impoundment. If the registered owner is present when the conveyance is ordered impounded, then the same information shall be provided to the registered owner at the time the impound order is issued.

012.04C All impounded conveyances shall be held at the risk and expense of the owner. A conveyance held under impound for non-compliance with these regulations shall only be released after an authorized inspector or Conservation Officer is satisfied by inspection or quarantine that the conveyance is no longer a threat to the aquatic resources, water supplies, and water infrastructure of the State.

012.04D Duration of conveyance quarantine shall be determined by the Commission and shall not exceed thirty (30) days.

012.04E An impounded conveyance shall not be released until a Commission impound release form is signed and executed by a Conservation Officer. It is the responsibility of the owner to coordinate with the Commission for the release of the conveyance.

012.05 RESTRICTIONS

012.05A Waters of the State found to contain Category 1 or Category 2 Aquatic Invasive Species may be listed and posted by the Commission as Aquatic Invasive Species Infested Waters. The Commission may then establish site-specific protocols for such waters that could include inspection and decontamination. The Commission may require additional restrictions on launching and loading conveyances and restrictions on live baitfish leaving the area.

Notes

163 Neb. Admin. Code, ch. 2, § 012

Amended effective 4/26/2015. Amended effective 2/27/2018 Amended effective 5/28/2019 Amended effective 3/17/2025