Chronic Wasting Disease Laws in Nebraska Every Hunter and Landowner Must Know

Chronic wasting disease has spread farther and faster across Nebraska than almost any other state in the country, and the rules designed to slow it down carry real legal weight. Whether you hunt deer every fall, raise captive cervids on your property, or simply find a sick animal on your land, Nebraska law places specific obligations on you — and ignoring them can result in criminal penalties.

Understanding Nebraska’s chronic wasting disease laws is not just good practice for responsible hunters and landowners; it is a legal requirement that protects the state’s deer and elk populations for future generations. This guide walks you through every major regulation, from where CWD has been detected to what happens when you violate the rules.

CWD Status and Affected Areas in Nebraska

CWD was first discovered in Nebraska in 2000 in Kimball County. Since that initial detection, the disease has expanded dramatically across the state. The Nebraska Game and Parks Commission has tested over 58,800 deer and over 400 elk, with CWD being detected in 1,549 deer and 23 elk — and at this time, CWD has been detected in free-ranging deer and elk in 68 counties.

The most recent surveillance data shows the disease is still spreading. In 2025, Game and Parks had 809 hunter-harvested deer samples, and of those, CWD was detected in 204 deer, with three new counties being added to the detection list: Logan, Kearney, and Nuckolls counties.

The 60 deer and four elk that tested positive for CWD in 2024 were found in 10 previously CWD-negative counties: Antelope, Butler, Greeley, Jefferson, Madison, Merrick, Platte, Richardson, Seward, and York. This eastward expansion into previously unaffected counties is a significant development that underscores why Nebraska’s CWD regulations apply across virtually the entire state.

CWD is an infectious, incurable disease of animals in the family Cervidae — including elk, deer, and moose — that causes brain cells to die, ultimately leading to the death of the affected animal. The infective agents are misfolded proteins called prions, which are virtually indestructible, can persist in the environment, and can transmit the disease with only tiny quantities. Understanding this persistence is key to understanding why Nebraska’s laws are structured the way they are. You can learn more about how prion-related diseases affect livestock and why environmental contamination is such a serious concern.

Baiting and Feeding Restrictions in Nebraska

Nebraska takes a targeted approach to baiting and feeding restrictions. Rather than banning the placement of bait outright, the state focuses its prohibition on the act of hunting over bait. Baiting is not banned at this time in Nebraska, but it is illegal to hunt over bait.

The regulations define the boundaries of a baited area carefully. A baited area is any location where grains, fruits, vegetables, nuts, hay, minerals including salt, or any other natural food materials, commercial products containing food materials, or by-products of such materials that may attract big game or turkey have been placed.

Nebraska’s administrative code is specific about the distance and time requirements that apply once bait has been placed. It is unlawful to take mountain sheep, elk, deer, or pronghorn within 200 yards of a site which is included in the same ownership as the site of take and upon which feed, feed supplement, or bait has been placed within the last 60 days, except where that food or supplement has been placed in the active operation of husbandry for domesticated livestock other than domesticated cervidae.

An area is considered baited for 10 days following the complete removal of all bait, and the hunter and the animal must be outside of the baited area during the harvest or attempted harvest. Additionally, the use of scents alone, normal environmental conditions, standard farming and ranching practices, forest management, wildlife food plantings, orchard management, or similar land management activities do not constitute a baited area.

The Nebraska Game and Parks Commission cautions against feeding deer because environmental transmission of CWD has been linked to contact with infected bodily fluids and tissues, as well as contact with contaminated environments. Concentrated feeding sites create exactly the kind of direct animal-to-animal contact that accelerates spread. For context on how other wildlife diseases spread through similar contact mechanisms, see this overview of common wildlife disease transmission patterns.

Carcass Transportation Rules in Nebraska

How you handle and move a deer or elk carcass after harvest is one of the most regulated aspects of CWD law in Nebraska. CWD is a fatal neurodegenerative disease that can be unintentionally transmitted from CWD-positive carcasses that are moved from the harvest location and not handled or disposed of appropriately.

Research shows the misfolded proteins, or prions, that cause CWD can linger in the soil, making elimination or reduction of spread to new areas vitally important — and for that reason, when possible, unwanted parts of the animal should be disposed of in landfills.

Nebraska Game and Parks recommends the following field-dressing and disposal practices:

• Field dress animals at the place of kill and double bag the head (brain), spinal column, and other carcass parts and dispose of them at a licensed landfill.
• Double bag all unwanted carcass parts prior to disposal at a landfill; if this option is not feasible, leave unwanted carcass parts at the harvest site.
• Avoid transporting high-risk tissues — brain, spinal cord, eyes, spleen, tonsils, and lymph nodes — away from the kill site whenever possible.

When it comes to what parts you may legally transport, states that have adopted carcass transportation regulations generally do not allow importation of any brain or spinal column tissue, but allow processed and wrapped meat, quarters with no spinal column or head, hides, clean antlers and skull plates with no meat or tissue attached, and finished taxidermy. Nebraska follows these broadly accepted standards.

For captive cervid transport specifically, transport is prohibited if an animal is exposed, infected, or suspected to have an infectious, contagious, or transmissible disease; a herd identification number is required; animals cannot be moved through more than one concentration point in 90 days; and cervids cannot be moved out of endemic counties into non-endemic counties or out of state.

You must also keep your documentation in order after a harvest. The permit and check station seal number or check station verification number must be retained when transporting all or a portion of the carcass to a point of permanent storage or processing, and hunters must record the seal number on their permit.

CWD Testing Requirements for Hunters in Nebraska

Nebraska does not currently impose mandatory CWD testing on all hunters, but it operates a structured voluntary surveillance program that is central to the state’s disease monitoring strategy. Participation in the CWD surveillance program is optional, and hunters in the four designated Deer Management Units can opt in to have their deer tested at no cost to them by requesting a mail-in kit or having their sample taken at a local check station.

In 2025, lymph node samples were collected from harvested deer to be tested for CWD during the firearm season in the Buffalo, Platte, Frenchman, and Republican units, and submissions are voluntary from hunters, with Nebraska Game and Parks staff collecting and paying for testing of samples collected from deer harvested within the designated surveillance DMUs each year.

If you hunt outside those designated units, you still have options. Hunters outside of the designated surveillance units can submit samples through their local veterinarian or to the Nebraska Veterinary Diagnostic Center, Kansas State Veterinary Diagnostic Lab, or Wyoming State Veterinary Lab at the hunter’s expense.

Test results may take up to 6–8 weeks and times will vary depending on the volume of samples submitted, so hunters should keep this in mind if test results are desired before processing deer.

The Centers for Disease Control and World Health Organization recommend avoiding consumption of meat from deer and elk that look sick or that test positive for CWD, and public health officials recommend that human exposure to the CWD infectious agent be avoided as they continue to evaluate any potential health risk. This is why testing before processing is strongly encouraged even when it is not legally required. For more on tick-borne and zoonotic disease risks associated with deer hunting, see these disease prevention strategies that apply broadly to wildlife contact.

Nebraska Game and Parks does not reissue tags for harvested deer that test positive for CWD. This is an important practical consideration: if your deer tests positive, you will not receive a replacement tag, so factor that into your decision-making before you harvest.

Captive Cervid and Deer Farming Rules in Nebraska

If you own or operate a captive cervid facility in Nebraska, you face a separate and more stringent layer of regulation than wild deer hunters. The Nebraska Department of Agriculture regulates captive cervids in Nebraska. This regulatory authority is distinct from the Nebraska Game and Parks Commission, which oversees wild deer and elk.

To legally operate a captive cervid facility, an applicant must have a Domesticated Cervine Animal Facility Permit and a herd identification number, and must be in compliance with the Domesticated Cervine Animal Act and Domesticated Cervine Animal Regulations.

One of the most significant obligations for captive cervid owners is mandatory CWD testing of dead animals. All captive cervids 16 months or older that die from illness, slaughter, hunting, or any other cause shall be reported within 24 hours and submitted for CWD testing. This is a mandatory requirement — not voluntary — and applies regardless of the apparent cause of death.

Owners of captive cervids have the option to participate in the Nebraska voluntary Herd Certification Program (HCP). While the HCP is voluntary, enrollment provides important benefits when it comes to moving animals. A Certificate of Veterinary Inspection (CVI) for elk or mule deer must verify either that the herd of origin has had no diagnosis or epidemiological evidence of CWD for the past 5 years, or that the herd has been enrolled 5 or more years in a state-approved CWD herd monitoring program with current status recorded on the CVI.

When a CWD-positive animal is found in a captive herd, the consequences are serious. If an enrolled herd has a confirmed diagnosis of CWD, the Department will issue a quarantine and the herd will be removed from the Monitored CWD Cervid Herd Status Program. If an epidemiologic investigation reveals an enrolled herd to be a trace-back or trace-forward herd, the Department may issue a hold order, quarantine, or suspend the CWD monitoring program status, and will develop a herd plan based on the epidemiological investigation.

Records are also a key compliance requirement. Copies of laboratory reports of CWD submissions must be maintained, and these records will be kept on each animal for five years after removal from the herd for any reason. Nebraska’s captive cervid rules share structural similarities with other livestock disease programs in the state; if you also raise goats or other livestock, reviewing Nebraska’s goat ownership laws and brucellosis regulations can help you understand how the state approaches livestock disease control more broadly.

Reporting Sick or Suspected Deer in Nebraska

If you encounter a deer or elk that appears sick, injured, or is behaving abnormally, Nebraska law and agency guidance place clear expectations on what you should and should not do. The first rule is straightforward: do not shoot, handle, or consume wildlife of any size that is acting abnormally or appears to be sick.

Recognizing the signs of CWD is important for reporting purposes. Animals in the late stages of CWD are often emaciated, show erratic behavior, and exhibit neurological irregularities. More specifically, signs of CWD in any of the affected animals include decreased interactions with other animals, emaciation, weakness, impairment of muscle control, salivation, aspiration pneumonia, listlessness, lowering of the head, tremors, and repetitive walking in set patterns like circles.

If you observe a deer or elk displaying these symptoms in the wild, you should contact the Nebraska Game and Parks Commission. Testing continues throughout the year for suspect sick deer and elk. Game and Parks staff can arrange collection and testing of animals displaying clinical signs, which is a critical part of the state’s broader surveillance effort.

For captive cervid owners, the reporting obligation is even more specific. As noted in the captive cervid section, any captive cervid 16 months or older that dies must be reported to the Nebraska Department of Agriculture within 24 hours and submitted for CWD testing. Failing to report a death in a captive herd is a regulatory violation that can jeopardize your facility permit and herd certification status.

Understanding how diseases spread among wildlife and domestic animals can help you recognize warning signs earlier. Nebraska’s approach to CWD reporting parallels how the state handles other serious animal diseases, and staying informed about disease transmission pathways in general can make you a more effective observer and reporter.

Penalties for CWD Violations in Nebraska

Nebraska enforces its wildlife and disease laws through a combination of criminal penalties, permit revocations, and regulatory sanctions. The severity of the penalty depends on the type of violation and the species involved.

For hunting-related violations — including hunting over bait, illegal possession of deer, or failure to comply with carcass transport rules — Nebraska Revised Statute 37-504 establishes the baseline penalties. Any person who unlawfully hunts, traps, or has in their possession any deer, antelope, swan, or wild turkey shall be guilty of a Class III misdemeanor and, upon conviction, shall be fined at least five hundred dollars for each violation; for elk, the offense rises to a Class II misdemeanor with a fine of at least one thousand dollars for each violation.

These are minimum fines — courts may impose higher amounts depending on the circumstances. A Class III misdemeanor in Nebraska also carries the possibility of up to three months in jail, while a Class II misdemeanor can result in up to six months of imprisonment, in addition to fines.

For captive cervid operators, the consequences of non-compliance extend beyond fines. If an enrolled herd has a confirmed diagnosis of CWD, the Department will issue a quarantine and the herd will be removed from the Monitored CWD Cervid Herd Status Program, which effectively halts all legal movement of animals from that facility. This can be financially devastating for commercial deer farming operations.

It is also worth noting that due to the regular amending of regulations in Nebraska, it is recommended that before hunting you check these CWD regulations, as well as those of any other states or provinces in which you will be hunting or traveling through while transporting cervid carcasses. Regulations can change between seasons, and relying on outdated information is not a valid defense against a violation.

Nebraska’s broader wildlife and animal ownership laws are interconnected, and compliance with CWD rules is part of responsible ownership across many species. Whether you keep exotic pets, manage beekeeping operations, or simply hunt deer each fall, understanding how Nebraska enforces its animal laws helps you stay on the right side of the regulations. For a broader look at how states regulate animal ownership and disease management, the national overview of exotic pet and animal ownership laws provides useful comparative context.