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SENATE FLOOR VERSION
April 10, 2023
AS AMENDED
ENGROSSED HOUSE
BILL NO. 1229 By: McCall of the House
and
Hall of the Senate
[ Oklahoma Farmed Cervidae Act - Oklahoma Department
of Agriculture, Food, and Forestry - inspection
authority - license fee - rule promulgation
authority –
emergency ]
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLA HOMA:
SECTION 1. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 6-517 of Title 2, unless there
is created a duplication in numbering, reads a s follows:
A. For purposes of this section, "commercial harvesting
facility" means a privately or publicly owned premises managed or
engaged on a business basis for the harvesting or hunting of legally
acquired and privately owned cervidae, to include whi tetail deer,
mule deer or elk, cervi dae hybrids, turkey, exotic species, an d
exotic hybrid species for barter, the offer to sell, or for the
possession with intent to sell for profit or monetary gain.
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B. No person may propagate or hold in captivity any wi ldlife
belonging to the state. A commercial harvesting license shall be
issued by the Oklahoma Department of Agriculture, Food, and Forestry
to a commercial harvesting facility that applies for the commercial
harvesting license if that commercial harvesti ng facility complies
with all applicable laws and rules governing the harvest ing of
legally acquired cervidae, to include whitetail deer, mule deer and
elk, cervidae hybrids, turkey, exotic species, and exotic hybrid
species harvested in a commercial harve sting facility.
C. Before obtaining a commercial harvesting facility license or
renewal the applicant shall submit proof that any additional animals
have been secured from a source other than wild stock of this state.
D. The Secretary of Agriculture, Sta te Veterinarian, or their
designees shall have the authority to inspect a com mercial
harvesting facility and its operations at any time if there is
probable cause that a violation has occurred. All other inspections
shall require prior notice as determine d in the rule promulgation by
the Oklahoma Department of Agriculture, Food, an d Forestry.
E. The annual fee for a commercial harvesting facility license
shall be Three Hundred Dollars ($300.00).
F. All licenses issued pursuant to this section shall expir e
August 31 of each year and shall rep lace those issued previously
pursuant to Section 4-106 of Title 29 of the Oklahoma Statutes.
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G. The Oklahoma Department of Agriculture, Food, and Forestry
shall promulgate rules as necessary pursuant to the commercial
harvesting license outlined in this s ection.
SECTION 2. AMENDATORY 29 O.S. 2021, Section 4 -106, is
amended to read as follows:
Section 4-106. A. No person may propagate or hold in captivity
any wildlife or domesticated animals hunted for sport for commercial
hunting area purposes without having procured a license from the
Director of the Department of Wildlife Conservation. Licenses shall
be classified as big game, upland game, or a combination of big game
and upland game.
1. A big game license commercial harvesting lice nse, as created
in Section 1 of this act, shall be required for legally acquired
exotic ungulates, domesticated an imals so designated by the Oklahoma
Wildlife Conservation Commission, exotic swine, and legally a cquired
whitetail and mule deer, turkey and other species of big game
lawfully taken under the provisions of subsection A of Section 5 -411
and Section 5-401 of this title. Wildlife that has been crossbred
with exotic wildlife shall be considered native an d not exotic
unless documentation shows otherwise.
2. An upland game license s hall be required for legally
acquired captive-raised pheasants, all species of q uail, Indian
chukars, water fowl, and other similar or suitable gallinaceous
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birds; and shall include turkey if no other big game species are
listed on the license/application .
B. Before obtaining a license or a renewal of a license the
applicant shall submit proof that such wildlife or domesticated
animals hunted for sport will be or have been secur ed from a source
other than the wild stock in this state. Any person obtaining or
renewing a license shall submit a true and complete inventory of
said animals before a license shall be approved. Each license shall
specifically list the different species and/or subspecies to be
hunted on the listed hunting area or premises.
C. Any game warden of the Oklahoma Department of Wildlife
Conservation shall have auth ority to inspect any and all records and
invoices pertaining to the commercial hunting operations of any
person licensed or requesting licensure pursuant to this section and
additionally shall have the authority to inspect any and all
facilities, equipment and property connected to the hunting
operation of any person licensed or requesting licensure p ursuant to
this section.
D. 1. The annual fee for a commercial hunting area l icense for
upland game under this section shall be One Hundred Dollars
($100.00).
2. The annual fee for a commercial hunting area license for:
a. big game pursuant to this sect ion shall be Two Hundred
Fifty Dollars ($250.00), or
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b. a combination of big ga me and upland game pursuant to
this section shall be Three Hundred Fifty Dollars
($350.00).
E. D. All licenses issued pursuant to this section shall expire
on June 30 of each y ear.
F. E. Exemptions from this license requirement shall be
operators of running pens used for the performance test or training
of dogs. Operators of such running pens may acquire coyotes from
wild stock without having to possess a fur dealer 's license for such
purpose and no license shall be required of those involved in
performance testing or training dogs in such running pens so long as
no other wildlife are taken or hunted in any manner.
G. F. Any person convicted of violating the provisions of this
section shall be punished by a fine of not less than Five Hundred
Dollars ($500.00) nor more than One Thousand Five Hundred Dollars
($1,500.00), or by impr isonment in the county jail not to exceed
sixty (60) days, or by both such fine and imprisonment.
H. G. Any person convicted of violating the provisions of this
section shall have the commercial hunting area license revoked. No
new license shall be issu ed for a period of six (6) months from and
after the date on which the revocation order becomes effec tive.
I. H. The Department is authorized to promulgate rules
pertaining to commercial hunting areas this section.
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SECTION 3. It being immediately necessary for the preservation
of the public peace, health or safety, an emergency is hereby
declared to exist, by reason whereof this act shall take effect and
be in full force from and after its passage an d approval.
COMMITTEE REPORT BY: COMMITTEE ON AGRICULTURE AND RURAL AFFAIRS
April 10, 2023 - DO PASS AS AMENDED