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ENGROSSED SENATE AMENDMENT
TO
ENGROSSED HOUSE
BILL NO. 2214 By: McDugle and Burns of the
House
and
Murdock of the Senate
An Act relating to game and fish; requiring license,
permit or stamp issued by Oklahoma Wildlife
Conservation Commission to hunting or fishing;
requiring possession; *** fishing license fees;
eliminating fishing license fee distribution
requirements; eliminating disability fishing license;
*** modifying purpose of certain land acquisition;
directing the Commission to promulgat e rules;
modifying Wildlife Heritage Fund contents; modifying
Oklahoma Wildlife Land Fund contents and
expenditures; *** hunting and fishing licenses;
providing for codification; and providing effective
dates.
AUTHOR: Add the following House Coauthor: Wallace
AUTHOR: Add the following Senate Coauthors: David, Leewright,
Stephens and Bergstrom
AMENDMENT NO. 1. Page 1, strike the title, enacting clause and
entire bill and insert
“An Act relating to fish and game; requiring licenses
issued by the Oklahoma Wildlife Conservation
Commission to be valid 365 days from issuance;
codification; and declaring an emergency.
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BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 4 -301 of Title 29, unless there
is created a duplication in numbering, reads as follows:
Notwithstanding any provision of law or rule to the contrary,
every annual license issued by the Oklahoma Wildlife Conservation
Commission shall be valid for a full three hundred sixty-five (365)
days from the date of issuance.
SECTION 2. It being immediately necessary for the preservation
of the public peace, health or safety, an emergency is hereby
declared to exist, b y reason whereof this act shall take effect and
be in full force from and after its passage and approval. ”
Passed the Senate the 22nd day of April, 2021.
Presiding Officer of the Senate
Passed the House of Representatives the ____ day of __________ ,
2021.
Presiding Officer of the House
of Representatives
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ENGROSSED HOUSE
BILL NO. 2214 By: McDugle and Burns of the
House
and
Murdock of the Senate
An Act relating to game and fish; requiring license,
permit or stamp issued by Oklahoma Wildlife
Conservation Commission to hunting or fishing;
requiring possession; directing the Commission to
promulgate rules to establish licenses; authorizing
certain discounts; requiring license for certain
wildlife activities; directing the Commission to
promulgate rules establishing licenses; providing
penalties for certain violations; authorizing the
Commission to promulgate rules establishing fishing
and hunting licenses; amending 29 O.S. 2011, Sections
4-101, as amended by Section 1, Chapter 341, O.S. L.
2013, 4-110, as last amended by Section 2, Chapter
229, O.S.L. 2017, 4-112, as last amended by Section
3, Chapter 229, O.S.L. 2017, 4 -132, as amended by
Section 120, Chapter 304, O.S.L. 2012, 4 -134, as
amended by Section 121, Chapter 304, O.S.L. 2012 and
4-141 (29 O.S. Supp. 2020, Sections 4 -101, 4-110, 4-
112, 4-132 and 4-134), which relate to licenses;
eliminating Oklahoma citizen authority to demand
certain license inspection; eliminating hunting
license expiration dates; modifying license
duplication fee; eliminating fishing license
exemptions; eliminating resident and nonresident
fishing license fees; eliminating fishing license fee
distribution requirements; eliminating disability
fishing license; directing the Commission to
promulgate rules; modifyi ng fees and fines for
certain fishing violations; eliminating hunting
license exemptions; eliminating resident and
nonresident hunting license fees; eliminating hunting
license fee distribution requirements; directing the
Commission to promulgate rules; mo difying fees and
fines for certain hunting violations; modifying
certain substitute license fees; eliminating Oklahoma
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Wildlife Habitat Stamp; modifying Wildlife Land
Acquisition Fund contents; requiring land purchased
from certain funds be publicly offere d for sale prior
to Commission acquisition; modifying purpose of
certain land acquisition; directing the Commission to
promulgate rules; modifying Wildlife Heritage Fund
contents; modifying Oklahoma Wildlife Land Fund
contents and expenditures; directing t he Commission
to promulgate rules; amending 29 O.S. 2011, Section
5-203, which relates to carrying firearms while
training dogs; modifying requirements to carry
firearms in certain places while training dogs;
repealing 29 O.S. 2011, Sections 4 -103, 4-103A, 4-
103B, 4-104, 4-104A, 4-105, 4-107, 4-108, 4-108A, 4-
109, 4-111, as amended by Section 1, Chapter 132,
O.S.L. 2015, 4-113, 4-113A, 4-113.1, 4-114, as last
amended by Section 4, Chapter 229, O.S.L. 2017, 4 -
114, as amended by Section 1, Chapter 112, O.S.L.
2014, 4-115, 4-116, 4-117, 4-118, 4-119, 4-120, 4-
121, 4-122, 4-123, 4-124, 4-128, 4-128.1, 4-129, 4-
130, as amended by Section 1, Chapter 235, O.S.L.
2018, Section 1, Chapter 115, O.S.L. 2014, 4 -136, as
amended by Section 1, Chapter 134, O.S.L. 2016, 4 -
138, as amended by Section 1, Chapter 167, O.S.L.
2015, 4-140, as amended by Section 5, Chapter 229,
O.S.L. 2017, 4-143 and 4-144 (29 O.S. Supp. 2020,
Sections 4-111, 4-114, 4-114, 4-130, 4-135.1, 4-136,
4-138 and 4-140), which relate to hunting and fishing
licenses; providing for codification; and providing
effective dates.
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 3. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 4 -301 of Title 29, unless there
is created a duplication in numbering, reads as follows:
A. Except as otherwise provided, no person may hunt, pursue,
trap, harass, catch, kill, take, or attempt to take in any manner,
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use, have in possession, sell, or transport all o r any portion of
any wildlife including fish, or enter any land owned, leased or
managed by the Department unless the person has first obtained a
license, permit or stamp from the Director of Wildlife Conservation
or any authorized agents of the Department of Wildlife Conservation.
Each person shall have the license, permit or stamp in their
possession when hunting, fishing, taking or transporting any
wildlife, and when entering any land owned, leased or managed by the
Department.
B. The Oklahoma Wildlife Conservation Commission shall
prescribe, by rule, the form, type, design, manner of issuance and
the fee for these licenses, permits and stamps and any rules
necessary to implement the provisions of this section; provided that
the Commission shall offer, but not be limited to, a three -hundred-
sixty-five-day hunting and fishing license.
C. The Commission may, by rule or resolution, designate
discounts, sales or exemptions to any license, permit or stamp.
SECTION 4. NEW LAW A new se ction of law to be codified
in the Oklahoma Statutes as Section 4 -302 of Title 29, unless there
is created a duplication in numbering, reads as follows:
A. Except as otherwise provided, no person may breed, possess
or raise, sell, buy, transport out of st ate, export, take for
commercial purposes any wildlife including fish without having first
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procured a license for such purposes from the Director of Wildlife
Conservation pursuant to the rules promulgated by the Commission.
B. The Oklahoma Wildlife Conser vation Commission shall
prescribe, by rule, the form, type, design, manner of issuance and
the fee for these licenses, permits and stamps and any rules
necessary to implement the provisions of this section.
C. 1. Any person convicted of violating the pro visions of this
section shall have the commercial license revoked and forfeit the
privileges provided by the license. No new license shall be issued
for a period of at least six (6) months from and after the date on
which the revocation order becomes effe ctive.
2. Any person convicted of violating the provisions of this
section shall be punished by a fine of no less than One Thousand
Dollars ($1,000.00) or by imprisonment in the county jail for a
period not to exceed six (6) months, or by confiscation of gear, or
by a combination of fine, imprisonment, and confiscation.
SECTION 5. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 4 -303 of Title 29, unless there
is created a duplication in numbering, rea ds as follows:
A. Except as otherwise provided in this title or in the
Oklahoma Farmed Cervidae Act, no person may breed or raise wildlife
for personal consumption or noncommercial purposes, or kill or
capture wildlife or take their nests or eggs for scie ntific
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purposes, without having first procured a license from the Director
of Wildlife Conservation.
B. The Oklahoma Wildlife Conservation Commission shall
prescribe, by rule, the form, type, design, manner of issuance and
the fee for these licenses, perm its and stamps and any rules
necessary to implement the provisions of this section.
C. 1. Any person convicted of violating the provisions of this
section shall have the noncommercial license revoked and forfeit the
privileges provided by the license. N o new license shall be issued
for a period of at least six (6) months from and after the date on
which the revocation order becomes effective.
2. Any person convicted of violating the provisions of this
section shall be punished by a fine of not less than Fifty Dollars
($50.00) nor more than Five Hundred Dollars ($500.00).
SECTION 6. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 4 -110.1 of Title 29, unless
there is created a duplication in numberi ng, reads as follows:
The Oklahoma Wildlife Conservation Commission shall prescribe,
by administrative rule, the form, type, design, manner of issuance
and the fee for fishing licenses.
SECTION 7. NEW LAW A new section of law to b e codified
in the Oklahoma Statutes as Section 4 -112.1 of Title 29, unless
there is created a duplication in numbering, reads as follows:
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The Oklahoma Wildlife Conservation Commission shall prescribe,
by administrative rule, the form, type, design, manner of issuance
and the fee for hunting licenses.
SECTION 8. AMENDATORY 29 O.S. 2011, Section 4 -101, as
amended by Section 1, Chapter 341, O.S.L. 2013 (29 O.S. Supp. 2020,
Section 4-101), is amended to read as follows:
Section 4-101. A. All licenses and permits issued by the
Director of Wildlife Conservation, the Department of Wildlife
Conservation or by any of its agents shall be used only in
conformity with the provisions of this title and the rules
promulgated by the Oklahoma Wild life Conservation Commission.
B. All persons making application for any licenses required by
this section shall produce a valid license to operate a motor
vehicle or other positive proof of identification, age and
residency, and any such license issued sh all show such data as well
as the date and time of issuance.
C. All licenses are nontransferable. No person shall alter,
change, lend or transfer any license. No person shall use or borrow
a license which has not been issued to that person by the Direct or,
the Department or by any of its agents pursuant to the provisions of
this section.
D. No person may engage in activities requiring a license
without that person's carrying such license on their person and
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producing the same for an inspection upon the demand of any Oklahoma
citizen or game warden.
E. Any person required to produce a license must also identify
themselves as the person to whom such license was issued, and
failure or refusal to comply shall be deemed prima facie evidence of
a violation of this section.
F. Unless otherwise provided in this Code :
1. Hunting licenses issued pursuant to paragraph 1 of
subsection C and paragraphs 1 and 3 of subsection E of Section 4 -112
of this title and paragraphs 1 and 3 of subsection B of Section 4 -
113 of this title shall expire on December 31 of the year issued.
Hunting licenses issued pursuant to paragraph 2 of subsection C and
paragraphs 2 and 4 of subsection E of Section 4 -112 of this title
and paragraphs 2 and 4 of subsection B of Section 4 -113 of this
title shall expire on June 30 of the fiscal year issued. All other
licenses shall terminate December 31 for the year issued; and
2. Any, any person convicted of violating any of the provisions
of this title may have any or all licenses held by that per son or
the privilege of applying for, purchasing or exercising the benefits
conferred by the licenses revoked by the Department in accordance
with rules promulgated by the Commission or by a court of competent
jurisdiction for a period of not less than one (1) year. For
purposes of this paragraph, a court conviction, a plea of guilty, a
plea of nolo contendere, the imposition of a deferred or suspended
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sentence by a court, or forfeiture of bond shall be deemed a
conviction.
G. Should any license or permit issued pursuant to Part 1 of
Article IV of this title be lost or destroyed, duplicates will be
issued by the Department at a fee of One Dollar and fifty cents
($1.50) determined by the Commission .
H. Upon harvesting any whitetail or mule deer, or any oth er
wildlife where the hunter, according to Commission rules, is
required to check the wildlife in at a Department check station, the
taker of the wildlife shall:
1. Securely attach the name of the taker, time of harvest, date
of harvest and license number to the carcass of the wildlife;
2. Check in the carcass of the wildlife electronically using
the online check station provided on the official website of the
Oklahoma Department of Wildlife Conservation or as prescribed by
rule of the Commission, within twenty-four (24) hours of leaving the
hunt area and in all cases prior to processing the carcass; and
3. Not remove evidence of the sex of the animal until after the
carcass of the animal has been checked in.
I. It shall be unlawful for any license or pe rmit holder to
knowingly make a false statement or give false information to any
authorized hunter check station or to an authorized Department
employee when complying with the provisions of subsection H of this
section. Information which may be collected at a Department check
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station shall include but not be limited to the name, address,
license or permit number and signature of the taker, the date, time,
county, method or weapon of the kill, sex and weight of carcass,
whether or not the animal was taken on public hunting land and if so
in what area, or any other information which may be required by the
Commission.
J. 1. Any person convicted of violating the provisions of this
section or of making a false statement or giving any false
information in order to acquire any license or permit, pursuant to
the provisions of this section, shall be punishable by a fine of not
less than One Hundred Dollars ($100.00) nor more than Two Hundred
Fifty Dollars ($250.00), or by imprisonment in the county jail for a
period not to exceed ten (10) days, or by both such fine and
imprisonment. Any person convicted of a second or subsequent
violation of the provisions of this section or of making a false
statement or giving any false information in order to acquire any
license or permit, pursuant to the provisions of this section, shall
be punishable by a fine of not less than Two Hundred Fifty Dollars
($250.00) nor more than Seven Hundred Fifty Dollars ($750.00), or by
imprisonment in the county jail for a period not to excee d ten (10)
days, or by both such fine and imprisonment.
2. Any hunting or fishing license issued to a person by the
Department of Wildlife Conservation shall be automatically revoked
upon conviction of the person of violating the provisions of this
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section. The revocation shall be for a period set by the court of
not less than one (1) year nor more than ten (10) years. If the
court does not set a period, the revocation shall be for one (1)
year from the date of the conviction. During this period of
revocation, the Department shall not issue the person a hunting or
fishing license. If the court does not set a revocation period, the
Department shall not issue that person a license within one (1) year
of the conviction of the person pursuant to this sectio n. A person
who has a license or permit revoked pursuant to this section shall
surrender the revoked license or permit to the court. The court
shall send the Department of Wildlife Conservation the revoked
license and a copy of the judgment of conviction . For purposes of
this section, "conviction" shall include a plea of guilty or nolo
contendere to an offense or the imposition of deferred adjudication
for an offense.
K. Any person who has had their license privileges revoked
shall not be entitled to pu rchase, apply for, or exercise the
benefits conferred by any license until the revocation period has
expired or the person has obtained approval from the Director. Any
person violating the provisions of this subsection, upon conviction,
shall be punished by a fine of not more than Five Hundred Dollars
($500.00), or by imprisonment in a county jail for a term of not
more than ninety (90) days or by both the fine and imprisonment.
Upon conviction under this subsection, the previously granted
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license revocation period shall be extended by two (2) additional
years.
SECTION 9. AMENDATORY 29 O.S. 2011, Section 4 -110, as
last amended by Section 2, Chapter 229, O.S.L. 2017 (29 O.S. Supp.
2020, Section 4-110), is amended to read as follows :
Section 4-110. A. Except as otherwise provided in the Oklahoma
Wildlife Conservation Code, no person shall fish, pursue, harass,
catch, kill, take in any manner, use, have in possession, sell, or
transport all or any portion of fish without having firs t procured a
license for such from the Director or from any of the authorized
agents of the Department of Wildlife Conservation. The Wildlife
Conservation Commission may designate two (2) days per year in which
residents and nonresidents may fish without first procuring a
fishing license pursuant to the provisions of this section.
B. The following legal residents of Oklahoma shall be exempt
from the annual fishing license requirements of subsection C of this
section and the following nonresidents shall be exempt from the
annual nonresident fishing licenses required pursuant to subsection
E of this section:
1. Legal residents under sixteen (16) years of age and
nonresidents under sixteen (16) years of age from states which do
not require nonresident fishin g licenses for persons under sixteen
(16) years of age;
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2. Legal residents sixty -five (65) years of age or older and
nonresidents sixty-five (65) years of age or older from states which
do not require nonresident fishing licenses for persons sixty -five
(65) years of age or older, provided a legal resident has obtained a
senior citizen lifetime fishing or combination hunting and fishing
license pursuant to the provisions of Section 4 -114 of this title;
3. Legal residents born on or before January 1, 1923;
4. Legal resident veterans having a disability of sixty percent
(60%) or more and registered with the veterans registry created by
the Oklahoma Department of Veterans Affairs; provided, that if the
veteran has previously received an exemption pursuant to this
paragraph, no registration with the veterans registry shall be
required. The Oklahoma Wildlife Conservation Commission shall
promulgate any rules necessary to implement the provisions of this
paragraph;
5. Legal resident owners or tenants, their spo uses, parents,
grandparents, children and their spouses, grandchildren and their
spouses who fish in private ponds on land owned or leased by them;
6. Any legal resident or nonresident who is a patient of an
institution of the State of Oklahoma establishe d for the care and
treatment of mental illness or alcohol or drug dependency or any
developmentally disabled person residing in any group home or other
institution or developmentally disabled persons when accompanied by
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an attendant of the institution or l egal guardian of the patient, or
when fishing on institutional property;
7. Any legal resident or nonresident under eighteen (18) years
of age who is in the legal and physical custody of the State of
Oklahoma or one of its agencies by court order;
8. Any legal resident or nonresident under eighteen (18) years
of age who is in the physical custody of a child care facility as
defined by Section 402 of Title 10 of the Oklahoma Statutes;
9. Any legal resident or nonresident who is legally blind or
who has any other physical impairment, as certified by a physician
licensed in this state or any state which borders this state, which
prevents the person from properly using fishing apparatus without
the assistance of another person, and any one person actually
accompanying and actually assisting such legally blind or otherwise
physically impaired person while the latter is fishing. This
certification shall be carried by the individual while fishing;
10. Nonresidents under fourteen (14) years of age;
11. Any legal resident or nonresident who is a Job Corps
trainee of this state, provided that the trainees shall have on
their persons a duly authorized identification card issued by their
respective Job Corps Center and shall present the card upon request,
in lieu of a fishing license. The trainees shall return their cards
to their respective Job Corps Center when the trainees leave their
respective Job Corps training programs;
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12. Any legal resident having a proven disability which renders
the resident nonambulator y and confined to a wheelchair as certified
by a physician licensed in this state or any state which borders
this state;
13. Any legal resident who is fishing with a pole and line,
trotline, or throwline in streams, natural lakes, natural ponds, and
mine pits in the county in which the person is a resident, or in
streams, natural lakes, natural ponds, and mine pits which form a
part of the boundary line of the county in which the person is a
resident, when using any bait other than commercial or artificial
bait, blood, stink bait, cut fish, and shrimp; and
14. Any legal resident or nonresident participating in an
aquatic education event or clinic sanctioned by the Department of
Wildlife Conservation.
C. Except as otherwise provided for in the Oklahoma Wil dlife
Conservation Code, the resident fishing licenses issued pursuant to
the provisions of this section and the fee for each shall be:
1. Annual fishing license for legal residents eighteen (18)
years of age and older - Twenty-four Dollars ($24.00);
2. Annual fishing license for legal residents sixteen (16) or
seventeen (17) years of age - Four Dollars ($4.00); and
3. Two-day fishing license for legal residents - Fourteen
Dollars ($14.00).
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D. Of the fees collected pursuant to the provisions of
paragraphs 1 and 3 of subsection C of this section, Five Dollars
($5.00) of the license fee shall be for the Oklahoma Wildlife Land
Stamp and shall be deposited in the Oklahoma Wildlife Land Fund
created pursuant to the provisions of Section 4 -141 of this title.
E. Except as otherwise provided for in the Oklahoma Wildlife
Conservation Code, the nonresident fishing licenses issued pursuant
to the provisions of this section and the fee for each shall be:
1. Annual fishing license for nonresidents - Fifty-four Dollars
($54.00), provided the Commission may enter into reciprocity
agreements with states wherein nonresident license fees shall be in
conformity with such reciprocal agreements;
2. Six-day fishing license for nonresidents – Thirty-four
Dollars ($34.00); and
3. One-day fishing license for nonresidents - Fourteen Dollars
($14.00).
F. Of the fees collected pursuant to the provisions of
paragraphs 1, 2 and 3 of subsection E of this section, Five Dollars
($5.00) of the annual license fee for nonresidents, One D ollar and
fifty cents ($1.50) of the six -day fishing license for nonresidents
fee and One Dollar and fifty cents ($1.50) of the one -day fishing
license for nonresidents fee shall be deposited in the Wildlife Land
Acquisition Fund created pursuant to the pr ovisions of Section 4 -132
of this title. Of the fees collected pursuant to the provisions of
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paragraphs 1, 2 and 3 of subsection E of this section, Five Dollars
($5.00) of the license fee shall be for the Oklahoma Wildlife Land
Stamp and shall be deposite d in the Oklahoma Wildlife Land Fund
created pursuant to the provisions of Section 4 -141 of this title.
G. Legal residents who have resided in this state for at least
six (6) months and who are receiving Social Security Disability
benefits, Supplemental S ecurity Income benefits, disability benefits
under the Railroad Retirement Act, 45 U.S.C.A., Section 231a, postal
employees receiving disability benefits pursuant to 5 U.S.C.,
Section 8451 (1998) or legal residents who are one hundred percent
(100%) disabled and are receiving disability payments from the
Multiple Injury Trust Fund pursuant to Section 403 of Title 85 of
the Oklahoma Statutes, may purchase a disability fishing license
from the Director for Ten Dollars ($10.00) for five (5) years.
H. 1. Any person arrested while violating the provisions of
this section who does not meet the requirements of subsection K E of
this section, may purchase a substitute temporary thirty -day license
from the arresting game warden in lieu of posting bond. The
Commission shall, by rule, determine the fee for a substitute
license purchased pursuant to the provisions of this subsection
shall be:
a. for legal residents, Fifty Dollars ($50.00), and
b. for nonresidents, Ninety Dollars ($90.00).
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2. Except as otherwise provi ded by this subsection, the fees
from licenses purchased pursuant to the provisions of this
subsection shall be deposited in the Wildlife Conservation Fund to
be used exclusively for developing, managing, preserving, and
protecting wildlife and wildlife ha bitat.
I. C. Unless a substitute license is purchased as provided for
by subsection H B of this section, any resident of this state
convicted of violating the provisions of this section shall be
punished by the imposition of a fine of not less than Twenty-five
Dollars ($25.00) Fifty Dollars ($50.00) nor more than Two Hundred
Dollars ($200.00) or by imprisonment in the county jail for a period
not to exceed thirty (30) days, or by both said fine and
imprisonment.
J. D. Unless a substitute license is purcha sed as provided for
by subsection H B of this section, any nonresident convicted of
violating this section shall be punished by a fine of not less than
Fifty Dollars ($50.00) One Hundred Dollars ($100.00) nor more than
Two Hundred Dollars ($200.00) or by i mprisonment in the county jail
for a period not more than thirty (30) days, or by both such fine
and imprisonment.
K. E. Any person producing proof in court that a current
fishing license issued by the Department of Wildlife Conservation to
that person was in force at the time of the alleged offense shall be
entitled to dismissal of a charge of violating this section upon
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payment of court costs. If proof of a current fishing license
issued by the Department to the person that was in force at the time
of the alleged offense is presented to the court or district
attorney within seventy -two (72) hours after the violation, the
charge shall be dismissed without payment of court costs.
F. The Oklahoma Wildlife Conservation Commission shall
promulgate any rules necessary to implement the provisions of this
section with legislative approval pursuant to the Administrative
Procedures Act.
SECTION 10. AMENDATORY 29 O.S. 2011, Section 4 -112, as
last amended by Section 3, Chapter 229, O.S.L. 20 17 (29 O.S. Supp.
2020, Section 4-112), is amended to read as follows:
Section 4-112. A. Except as otherwise provided for in the
Oklahoma Wildlife Conservation Code or the Oklahoma Farmed Cervidae
Act, no person may hunt, pursue, trap, harass, catch, kil l, take or
attempt to take in any manner, use, have in possession, sell, or
transport all or any portion of any wildlife except fish, without
having first procured a license from the Department of Wildlife
Conservation. The Wildlife Conservation Commissio n shall designate
a consecutive Saturday and Sunday in September of each year as free
hunting days in which residents of this state may hunt without first
procuring a hunting license pursuant to the provisions of this
section.
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B. The following legal resid ents of Oklahoma shall be exempt
from the annual hunting license requirement of paragraph 1 of
subsection E of this section and the following nonresidents shall be
exempt from the annual nonresident hunting licenses required
pursuant to paragraph 1 of subs ection C of this section:
1. Legal residents under sixteen (16) years of age;
2. Legal residents sixty -five (65) years of age or older
provided they have obtained a senior citizen lifetime hunting or
combination hunting and fishing license pursuant to th e provisions
of Section 4-114 of this title;
3. Legal residents born on or before January 1, 1923;
4. Legal resident veterans having a disability of sixty percent
(60%) or more and registered with the veterans registry created by
the Oklahoma Department of Veterans Affairs; provided, that if the
veteran has previously received an exemption pursuant to this
paragraph, no registration with the veterans registry shall be
required;
5. Legal resident owners or tenants who hunt on land owned or
leased by them;
6. Any nonresident under fourteen (14) years of age;
7. Legal residents having a proven disability which renders
them nonambulatory and confines them to a wheelchair, as certified
by a physician licensed in this state or in any state which borders
this state;
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8. Any legal resident or nonresident under eighteen (18) years
of age who is in the physical custody of a child care facility as
defined by Section 402 of Title 10 of the Oklahoma Statutes; and
9. Any legal resident or nonresident hunting, pursuin g,
trapping, harassing, catching, killing, taking, or attempting to
take in any manner any species of rattlesnake during an organized
rattlesnake-hunting event or festival and who has a rattlesnake
permit issued pursuant to Section 4 -143 of this title.
C. Except as otherwise provided for in the Oklahoma Wildlife
Conservation Code, the nonresident hunting licenses issued pursuant
to this section and the fee for each license shall be:
1. Annual hunting license for nonresidents hunting game other
than deer, antelope, elk or bear which expires on December 31 of the
year purchased – One Hundred Forty-one Dollars ($141.00).
Nonresidents hunting big game or combination big game and upland
game in a commercial hunting area shall be required to have this
license;
2. Annual hunting license for nonresidents hunting game other
than deer, antelope, elk or bear which expires on June 30 of the
fiscal year purchased – One Hundred Seventy-five Dollars ($175.00).
Nonresidents hunting big game or combination big game and u pland
game in a commercial hunting area shall be required to have this
license;
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3. Gun hunting license for deer for nonresidents which shall be
valid for hunting all deer allowed during the current calendar year
deer gun season – Two Hundred Seventy-nine Dollars ($279.00);
4. Archery hunting license for deer for nonresidents which
shall expire on January 15 of the calendar year after the year
purchased or if purchased during the deer archery season it shall
expire at the end of that deer archery season – Two Hundred Seventy-
nine Dollars ($279.00);
5. Primitive firearms hunting license for deer for nonresidents
which shall be valid for hunting all deer allowed during the current
calendar year deer primitive firearms season – Two Hundred Seventy-
nine Dollars ($279.00);
6. Hunting license for antelope for nonresidents – Three
Hundred Five Dollars ($305.00);
7. Hunting license for elk for nonresidents – Three Hundred
Five Dollars ($305.00);
8. Five-day hunting license for nonresidents hunting game other
than deer, antelope, elk, quail, turkey or bear – Seventy-four
Dollars ($74.00); and
9. Ten-day hunting license for nonresidents hunting small game
in a commercial hunting area – Five Dollars ($5.00).
D. Of the fees collected pursuant to the provisions of
subsection C of this section:
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1. Five Dollars ($5.00) of the license fee of each license
issued pursuant to paragraphs 1 through 7 of subsection C of this
section and Two Dollars and fifty cents ($2.50) of the license fee
for each license issued pursuant t o paragraph 8 of subsection C of
this section shall be deposited in the Wildlife Land Acquisition
Fund created pursuant to the provisions of Section 4 -132 of this
title; and
2. Five Dollars ($5.00) of the license fee for each license
issued pursuant to pa ragraphs 1 through 8 of subsection C of this
section shall be for the Oklahoma Wildlife Land Stamp and shall be
deposited in the Oklahoma Wildlife Land Fund created pursuant to the
provisions of Section 4 -141 of this title.
E. Except as otherwise provided , the resident hunting licenses
issued pursuant to this section and the fee for each license shall
be:
1. Annual hunting license for residents eighteen (18) years of
age and older which expires on December 31 of the year purchased -
Twenty-four Dollars ($24.00);
2. Annual hunting license for residents eighteen (18) years of
age and older which expires on June 30 of the fiscal year purchased
– Thirty-one Dollars ($31.00);
3. Annual hunting license for residents sixteen (16) or
seventeen (17) years of age which expires on December 31 of the year
purchased - Four Dollars ($4.00);
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4. Annual hunting license for residents sixteen (16) or
seventeen (17) years of age which expires on June 30 of the fiscal
year purchased – Six Dollars ($6.00);
5. Ten-day hunting license for residents for small game in a
commercial hunting area - Five Dollars ($5.00);
6. Five-year disability hunting license for residents of this
state for at least six (6) months who are receiving Social Security
Disability benefits, Supplemental Security Income benefits or
disability benefits under the Railroad Retirement Act, 45 U.S.C.A.,
Section 231a, or residents who are one -hundred-percent disabled and
are receiving disability payments from the Multiple Injury Trust
Fund pursuant to Section 31 of Title 85A of the Oklahoma Statutes -
Ten Dollars ($10.00);
7. Gun hunting license for deer for residents eighteen (18)
years of age or older - Nineteen Dollars ($19.00). The following
persons shall be exempt:
a. residents with proper certification f rom the United
States Department of Veterans Affairs or its
successor, certifying that the person is a disabled
veteran in receipt of compensation at the one -hundred-
percent rate and registered with the veterans registry
created by the Oklahoma Department of Veterans
Affairs; provided, that if the veteran has previously
received an exemption pursuant to this subparagraph,
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no registration with the veterans registry shall be
required, and
b. residents hunting in big game or combination big game
and upland game commercial hunting areas;
8. Gun hunting license for deer for residents under eighteen
(18) years of age – Nine Dollars ($9.00);
9. Archery hunting license for deer for residents eighteen (18)
years of age or older - Nineteen Dollars ($19.00). The fol lowing
persons shall be exempt:
a. residents with proper certification from the United
States Department of Veterans Affairs or its
successor, certifying that the person is a disabled
veteran in receipt of compensation at the one -hundred-
percent rate and registered with the veterans registry
created by the Oklahoma Department of Veterans
Affairs; provided, that if the veteran has previously
received the exemption pursuant to this subparagraph,
no registration with the veterans registry shall be
required, and
b. residents hunting in big game or combination big game
and upland game commercial hunting areas;
10. Archery hunting license for deer for residents under
eighteen (18) years of age - Nine Dollars ($9.00);
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11. Primitive firearms hunting license for de er for residents
eighteen (18) years of age or older - Nineteen Dollars ($19.00).
The following persons shall be exempt:
a. residents with proper certification from the United
States Department of Veterans Affairs or its
successor, certifying that the per son is a disabled
veteran in receipt of compensation at the one -hundred-
percent rate and registered with the veterans registry
created by the Oklahoma Department of Veterans
Affairs; provided, that if the veteran has previously
received the exemption pursu ant to this subparagraph,
no registration with the veterans registry shall be
required, and
b. residents hunting in big game or combination big game
and upland game commercial hunting areas;
12. Primitive firearms hunting license for deer for residents
under eighteen (18) years of age - Nine Dollars ($9.00);
13. Hunting license for elk for residents - Fifty Dollars
($50.00). Residents hunting in big game or combination big game and
upland game commercial hunting areas shall be exempt from this
license;
14. Hunting license for antelope for residents – Fifty Dollars
($50.00). Residents hunting in big game or combination big game and
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upland game commercial hunting areas shall be exempt from this
license; and
15. Bonus, special or additional gun hunting li cense for deer
for residents - Nineteen Dollars ($19.00). The following persons
shall be exempt:
a. residents with proper certification from the United
States Department of Veterans Affairs or its
successor, certifying that the person is a disabled
veteran in receipt of compensation at the one -hundred-
percent rate and registered with the veterans registry
created by the Oklahoma Department of Veterans
Affairs; provided, that if the veteran has previously
received the exemption pursuant to this subparagraph ,
no registration with the veterans registry shall be
required, and
b. residents hunting in big game or combination big game
and upland game commercial hunting areas.
F. Of the fees collected pursuant to the provisions of
paragraphs 1 and 2 of subsection E of this section, Five Dollars
($5.00) of the license fee shall be for the Oklahoma Wildlife Land
Stamp and shall be deposited in the Oklahoma Wildlife Land Fund
created pursuant to the provisions of Section 4 -141 of this title.
G. The provisions of this section shall not be construed to
require a hunting license, resident or nonresident, of any person
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merely because the person participates, as owner or handler of an
entry, as an official, or as a spectator in the conduct of a field
trial or performance t est of dogs, whether a resident or nonresident
of the State of Oklahoma. No license to hunt shall be required of
any person engaged in training or working dogs, provided that person
is in no way engaged in hunting and does not take or attempt to take
in any manner any game.
H. 1. Any person arrested for hunting game other than deer,
antelope, elk, bear or turkey without a valid hunting license as
required by the provisions of subsection A of this section may
purchase a substitute temporary thirty -day license from the
arresting game warden in lieu of posting bond. Proof of hunter
safety certification will not be required for the temporary
substitute license. The Commission shall, by rule, determine the
fee for a substitute license purchased pursuant to t he provisions of
this subsection shall be:
a. for legal residents, Fifty Dollars ($50.00), and
b. for nonresidents, One Hundred Forty -five Dollars
($145.00).
2. Except as otherwise provided for by this subsection, the
fees from licenses purchased pursuant to the provisions of this
subsection shall be deposited in the Wildlife Conservation Fund to
be used exclusively for developing, managing, preserving, and
protecting wildlife and wildlife habitat , provided that the fee
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shall be no more than double the cos t of the initial current license
fee.
I. C. Any person producing proof in court that a current
hunting license issued by the Department of Wildlife Conservation to
that person was in force at the time of the alleged offense shall be
entitled to dismissal of a charge of violating this section upon
payment of court costs. If proof of a current hunting license
issued by the Department to the person that was in force at the time
of the alleged offense is presented to the court or district
attorney within seve nty-two (72) hours after the violation, the
charge shall be dismissed without payment of court costs.
J. D. Unless a substitute license is purchased as provided for
by subsection H B of this section, any resident convicted of
violating the provisions of t his section shall be punished by the
imposition of a fine of not less than Twenty-five Dollars ($25.00)
Fifty Dollars ($50.00) nor more than Two Hundred Dollars ($200.00),
or by imprisonment in the county jail for a period not to exceed
thirty (30) days, or by both.
K. E. Unless a substitute license is purchased as provided for
by subsection H B of this section, any nonresident convicted of
violating the provisions of this section shall be punished by the
imposition of a fine of not less than Two Hundred D ollars ($200.00)
nor more than Five Hundred Dollars ($500.00), or by imprisonment in
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the county jail for a period not to exceed six (6) months, or by
both.
L. F. The Oklahoma Wildlife Conservation Commission shall
promulgate any rules necessary to impleme nt the provisions of this
section.
SECTION 11. AMENDATORY 29 O.S. 2011, Section 4 -132, as
amended by Section 120, Chapter 304, O.S.L. 2012 (29 O.S. Supp.
2020, Section 4-132), is amended to read as follows:
Section 4-132. A. The Department of Wildlife Conservation is
hereby authorized to issue an Oklahoma Wildlife Habitat Stamp to any
person upon the voluntary payment of a fee of Ten Dollars ($10.00).
Said fee shall be deposited in the Wildlife Land Acquisition Fund
created in subsection C of this section.
B. The Oklahoma Wildlife Conservation Commission shall
promulgate rules specifying the form, design, and manner of issuance
of said wildlife habitat stamp.
C. There is hereby created in the State Treasury a revolving
fund for the Oklahoma Wildlife Conservation Commission to be
designated the "Wildlife Land Acquisition Fund". The fund shall be
a continuing fund, not subject to fiscal year limitations, and shall
consist of all monies received pursuant to the provisions of this
section deposited by the Oklahoma Wildlife Conservation Commission.
The Oklahoma Wildlife Conservation Commission is hereby authorized
to invest all or part of the monies of said fund in any investment
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permitted by a written investment policy adopted by th e Wildlife
Conservation Commission; provided, all investments shall be made in
accordance with the Oklahoma Uniform Prudent Investor Act. Any
interest or dividends accruing from such investments shall be
deposited in the Wildlife Land Acquisition Fund. A ll monies
accruing to the credit of said fund are hereby appropriated and may
be budgeted and expended by the Oklahoma Wildlife Conservation
Commission for the purposes specified in subsection D B of this
section. Any monies withdrawn from said fund by th e Oklahoma
Wildlife Conservation Commission for investment pursuant to this
subsection shall be deemed to be for the purposes specified in
subsection D B of this section. Expenditures from said fund shall
be made upon warrants issued by the State Treasure r against claims
filed as prescribed by law with the Director of the Office of
Management and Enterprise Services for approval and payment.
D. B. The Wildlife Land Acquisition Fund shall be used by the
Oklahoma Wildlife Conservation Commission for the acq uisition on a
willing-seller willing-buyer basis only, leasing, taking of
easements, development, management, and enhancement of lands
acquired pursuant to this section . Except as otherwise provided by
this subsection, the Commission may purchase land pur suant to this
subsection only after the land has been publicly offered for sale at
fair-market value by erecting signs on the property indicating the
property is for sale and causing public notice of the offer of sale
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by publishing weekly in a newspaper of general circulation of the
county in which the property to be sold is situated for a minimum of
six (6) months. Thereafter, the Commission may purchase the land at
a price that is no more than the appraised value. Any property
where the entire outer bou ndary lines are surrounded by land owned
by the Commission shall be exempt from the notice and public offer
of sale requirements under this subsection. The Wildlife Land
Acquisition Fund shall be used for the following purposes:
1. Management of game ani mals, protected animals and birds,
furbearing animals, game birds, fish, and their restoration,
propagation, and protection; and
2. Creation and management of public hunting, fishing, and
trapping areas as places where the public may hunt, fish, or trap a s
authorized by law;
3. Maintenance of county roads necessary for travel to reach
public hunting areas; and
4. Maintenance of fences on public land including posting signs
at all places where entry to the property is normally expected, to
notify the person he or she is entering or exiting public land .
E. C. The Oklahoma Wildlife Conservation Commission may accept
private contributions, grants, and donations made for the purposes
of this section. Any monies received pursuant to this subsection
shall be deposited in the Wildlife Land Acquisition Fund created in
subsection C A of this section. Any property received pursuant to
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this subsection which is not suitable for the purposes of this
section may be sold by the Oklahoma Wildlife Conservation Commission
and the proceeds from such sales shall be deposited in the Wildlife
Land Acquisition Fund created in subsection C A of this section.
F. D. Whenever the Oklahoma Wildlife Conservation Commission
acquires title to land pursuant to this section, the Commiss ion
shall annually make in lieu of tax payments equal to the average ad
valorem tax per acre paid on similar land in that county. Said
payments shall be made to the county treasurer of the county in
which the land is located.
E. The Oklahoma Wildlife Con servation Commission shall
prescribe any rules necessary to implement the provisions of this
section with legislative approval pursuant to the Administrative
Procedures Act.
SECTION 12. AMENDATORY 29 O.S. 2011, Section 4 -134, as
amended by Section 121, Chapter 304, O.S.L. 2012 (29 O.S. Supp.
2020, Section 4-134), is amended to read as follows:
Section 4-134. A. There is hereby created in the State
Treasury a revolving fund for the Oklahoma Wildlife Conservation
Commission to be designated the "Wildlife Heritage Fund". The fund
shall be a continuing fund, not subject to fiscal year limitations,
and shall consist of all monies received from senior citizen
lifetime licenses issued pursuant to the provisions of paragraphs 4
through 6 of subsection B of Section 4 -114 of this title deposited
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by the Oklahoma Wildlife Conservation Commission. The Oklahoma
Wildlife Conservation Commission is hereby authorized to invest all
or part of the monies of said fund in any investment permitted by a
written investment policy adopted by the Wildlife Conservation
Commission; provided, all investments shall be made in accordance
with the Oklahoma Uniform Prudent Investor Act. Any interest or
dividends accruing from such investments shall be deposited i n the
Wildlife Heritage Fund. Only interest and dividends derived from
the principle can be expended and are hereby appropriated and may be
budgeted and expended by the Oklahoma Wildlife Conservation
Commission for the purposes specified in subsection B o f this
section. Any monies withdrawn from said fund by the Oklahoma
Wildlife Conservation Commission for investment pursuant to this
subsection shall be deemed to be for the purposes specified in
subsection B of this section. Expenditures from said fund shall be
made upon warrants issued by the State Treasurer against claims
filed as prescribed by law with the Director of the Office of
Management and Enterprise Services for approval and payment.
B. The Wildlife Heritage Fund shall be used by the Oklahoma
Wildlife Conservation Commission for the acquisition of land on a
willing-seller willing-buyer basis only, leasing of land, and the
taking of easements, and for the development, management, and
enhancement of such lands acquired pursuant to this section . Except
as otherwise required under this subsection, the Commission may
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purchase land pursuant to this subsection only after the land has
been publicly offered for sale at fair -market value by erecting
signs on the property indicating the property is for s ale and
causing public notice of the offer of sale by publishing weekly in a
newspaper of general circulation of the county in which the property
to be sold is situated for a minimum of six (6) months. Thereafter,
the Commission may purchase the land at a price that is no more than
appraised value. Any property where the entire outer boundary lines
are surrounded by land owned by the Commission shall be exempt from
the notice and public offer of sale requirements under this
subsection. The Wildlife Herit age Fund shall be used for the
following purposes:
1. Management of game animals, protected animals and birds,
furbearing animals, game birds, fish, and their restoration,
propagation, and protection; and
2. Creation and management of public hunting, fis hing, and
trapping areas as places where the public may hunt, fish, or trap as
authorized by law;
3. Maintenance of county roads necessary for travel to reach
public hunting areas; and
4. Maintenance of fences on public land including posting signs
at all places where entry to the property is normally expected, to
notify the person he or she is entering or exiting public land .
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C. The Oklahoma Wildlife Conservation Commission may accept
private contributions, grants, and donations made for the purposes
of this section. Any monies received pursuant to this subsection
shall be deposited in the Wildlife Heritage Fund created in
subsection A of this section. Any property received pursuant to
this subsection which is not suitable for the purposes of this
section may be sold by the Oklahoma Wildlife Conservation Commission
and the proceeds from such sales shall be deposited in the Wildlife
Heritage Fund created in subsection A of this section.
D. Whenever the Oklahoma Wildlife Conservation Commission
acquires title to land pursuant to this section, the Commission
shall annually make in lieu of tax payments equal to the average ad
valorem tax per acre paid on similar land in that county. Said
payments shall be made to the county treasurer of the county in
which the land is located to be distributed by said county treasurer
in the manner provided for by law for ad valorem tax payments.
SECTION 13. AMENDATORY 29 O.S. 2011, Section 4 -141, is
amended to read as follows:
Section 4-141. A. There is hereby created in the State
Treasury a revolving fund for the Oklahoma Wildlife Conservation
Commission to be designated the "Oklahoma Wildlife Land Fund". The
fund shall be a continuing fund, not subject to fiscal year
limitations, and shall cons ist of all monies received pursuant to
the provisions of Sections 4 -110, 4-112 and 4-113 of this title from
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fees for the Oklahoma Wildlife Land Stamp and required to be
deposited in the fund, subsection G of Section 4 -114 of this title
from fees for the Li fetime Oklahoma Wildlife Land Stamp and required
to be deposited in the fund and any other monies received from fees
for the Oklahoma Wildlife Land Stamp and required to be deposited in
the fund deposited by the Commission . All monies accruing to the
credit of the fund are hereby appropriated and shall be expended by
the Commission as follows exclusively:
1. An amount equal to Four Dollars ($4.00) per stamp to be used
to To retire the obligations and related expenses as authorized
pursuant to Section 168. 9 of Title 73 of the Oklahoma Statutes or to
purchase, lease, or purchase easements on real property to be used
as public hunting, fishing, and trapping areas . Except as otherwise
required under this subsection, the Commission may purchase land
pursuant to this paragraph only after the land has been publicly
offered for sale at fair -market value by erecting signs on the
property indicating the property is for sale and causing public
notice of the offer of sale by publishing weekly in a newspaper of
general circulation of the county in which the property to be sold
is situated for a minimum of six (6) months. Thereafter, the
Commission may purchase the land at a price that is no more than
appraised value. Any property where the entire outer boundary lines
are surrounded by land owned by the Commission shall be exempt from
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the notice and public offer of sale requirements under this
subsection; and
2. An amount equal to fifty cents ($0.50) per stamp to be used
by the Commission for For the management of the real property
acquired pursuant to Section 168.9 of Title 73 of the Oklahoma
Statutes or acquired with proceeds from the Oklahoma Wildlife Land
Stamp fee;
3. For the maintenance of county roads necessary for travel to
reach public hunting areas; and
4. For the maintenance of fences on public land including
posting signs at all places where entry to the property is normally
expected, to notify the person he or she is entering or exiting
public land.
B. The Oklahoma Wildlife Conservation Commission shall
prescribe any rules necessary to implement the provisions of this
section with legislative approval pursuant to the Administrative
Procedures Act.
SECTION 14. AMENDATORY 29 O.S. 2011, Section 5 -203, is
amended to read as follows:
Section 5-203. A. A hunting dog trainer may carry shotguns or
firearms on public or private property, other than state parks where
hunting game to kill is prohibited, while training bird hunting dogs
provided that:
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1. The trainer notifies the game warden in the region prior to
going into the field;
2. The trainer has a dog training shoot to kill an appropriate
license, issued by the Oklahoma Department of as determined by the
rules promulgated by the Oklahoma Wildlife Conservation . The fee
for the license shall not exceed Ten Dollars ($10.00) per year
Commission;
3. The trainer has a current receipt from a licensed commercial
or noncommercial game breeder of the propagated bird which is being
released for the training purposes, stating the number of bird s and
the date obtained or has proof that the bird was reared by the
trainer; and
4. All propagated birds so used are tagged or banded prior to
their release. The use of a bird hunting dog may be permitted in
the legal hunting of quail, dove, prairie chi ckens, pheasant and
waterfowl.
B. A person may carry a pistol while training a bird dog
without having met the provisions of paragraphs 1 through 4 of
subsection A of this section.
SECTION 15. REPEALER 29 O.S. 2011, Sections 4 -103, 4-
103A, 4-103B, 4-104, 4-104A, 4-105, 4-107, 4-108, 4-108A, 4-109, 4-
111, as amended by Section 1, Chapter 132, O.S.L. 2015, 4 -113, 4-
113A, 4-113.1, 4-114, as last amended by Section 4, Chapter 229,
O.S.L. 2017, 4-114, as amended by Section 1, Chapter 112, O.S.L.
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2014, 4-115, 4-116, 4-117, 4-118, 4-119, 4-120, 4-121, 4-122, 4-123,
4-124, 4-128, 4-128.1, 4-129, 4-130, as amended by Section 1,
Chapter 235, O.S.L. 2018, Section 1, Chapter 115, O.S.L. 2014, 4 -
136, as amended by Section 1, Chapter 134, O.S.L. 20 16, 4-138, as
amended by Section 1, Chapter 167, O.S.L. 2015, 4 -140, as amended by
Section 5, Chapter 229, O.S.L. 2017, 4 -143 and 4-144 (29 O.S. Supp.
2020, Sections 4-111, 4-114, 4-114, 4-130, 4-135.1, 4-136, 4-138 and
4-140), are hereby repealed.
SECTION 16. Sections 1, 2, 3, 4, 5, 9, 10 and 11 of this act
shall become effective November 1, 2021.
SECTION 17. Sections 6, 7, 8, 12 and 13 of this act shall
become effective September 1, 2022.
Passed the House of Representatives the 10th day of March, 2021.
Presiding Officer of the House
of Representatives
Passed the Senate the ___ day of __________, 2021.
Presiding Officer of the Senate