Section 71-0915. Abatement of nuisances

1.  The  following are declared to be nuisances which may be abated as
  provided in this section:
    a. Any trap, snare or  net,  set  or  used  without  permit  from  the
  Department for taking a wild bird;
    b. Any trap set or used in violation of section 11-1101;
    c.  Any  net,  bait-line,  set line, eel weir or pot, tip-up, baitfish
  trap, or other device for taking fish or crustacea, and any  device  for
  taking  insects, set or used in violation of any law or regulation under
  which use of the device is prohibited, or its use is prohibited  at  the
  time  or  place,  or in the manner or circumstances in which it is used,
  except where the violation consists only in the fact that the device was
  set or used without first  obtaining  a  license  and,  under  laws  and
  regulations  in  effect  at  the  time  the  device is set or used, such
  license is issuable upon application therefor and payment of the fee, if
  any, applicable thereto.
    2. Nuisances defined in paragraph a of subdivision  1  may  be  abated
  summarily  by  any  person.  Nuisances defined in paragraph a, b or c of
  subdivision 1 may be abated by any conservation officer.
    3. Upon abatement of such nuisance,  the  conservation  officer  shall
  take into custody the net or device so used in any case where the person
  guilty  of  the  violation is not present or cannot be identified at the
  time the nuisance  is  abated.  If  the  net  or  device  is  thereafter
  forfeited  as  provided  in section 71-0909, or, not being so forfeited,
  shall remain unclaimed by  the  owner  for  thirty  days,  it  shall  be
  disposed of as the department shall direct.
    4. In any case where the person guilty of the violation is arrested or
  served  with a summons at the time of the abatement of the nuisance, the
  conservation officer may seize the net or other device as evidence.
    5.  Upon abatement of any nuisance defined in this section, any  fish,
  crustacea,  wildlife  or  protected  insect trapped, confined, hooked or
  caught shall be:
    a. Released, permitted to escape, or returned to the  water  or  other
  habitat; or
    b. Destroyed; or
    c. Seized as evidence; or
    d.  Taken  into  custody  for  future  disposition pursuant to section
  11-0519, as may be appropriate to the circumstances, the kind of  animal
  involved and its condition.
    6.  Action taken by an enforcement officer as provided in this section
  or pursuant to this section and section 11-0519 shall not subject him or
  the state to liability, even though it is subsequently  determined  that
  the  trap,  net or other device involved was not in violation of law, if
  it is established that the enforcement officer had reasonable grounds to
  believe that it constituted a nuisance as provided in this section.