Oklahoma 2024 Regular Session

Oklahoma House Bill HB2353 Compare Versions

Version 1 (Old)

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3		-	SENATE FLOOR VERSION - HB2353 SFLR Page 1
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	3	+	ENGR. H. B. NO. 2353 Page 1 1
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29		-	SENATE FLOOR VERSION
30		-	April 10, 2023
31		-	AS AMENDED
32		-
33	28		ENGROSSED HOUSE
34	29		BILL NO. 2353 By: Dempsey and Wallace of the
35	30		House
36	31
37	32		and
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39	34		Green of the Senate
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45		-	[ game and fish - seasons and rules -
46		-	emergency ]
	40	+
	41	+
	42	+	An Act relating to game and fish; amending 29 O. S.
	43	+	2021, Section 5-401, which relates to seasons and
	44	+	rules; amending the Wildlife Conser vation
	45	+	Commission's authority; determining a certain
	46	+	earliest start date; and declaring an emergency.
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51	52		BE IT ENACTED BY THE PEOP LE OF THE STATE OF OKLAHOMA:
52	53		SECTION 1. AMENDATORY 29 O.S. 2021, Section 5-401, is
53	54		amended to read as follows:
54	55		Section 5-401. A. The Wildlife Conservation Commission is
55	56		authorized to declare an open season on wildlife in any counties or
56	57		parts of counties of this state where, in the judgment o f the
57	58		Commission, such wildlife exists in sufficient q uantity to warrant
58	59		such open season, and such open season shall be declared by
59	60		Commission resolution not less than ten (10) days before the season
60	61		is opened.
61	62		B. The Commission may designate any two (2) consecutive days
62	63		after the open season declared for h unting deer to be senior
63		-	citizen's hunting days. During those two (2) days only legal
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65		-	SENATE FLOOR VERSION - HB2353 SFLR Page 2
66		-	(Bold face denotes Committee Amendments) 1
	65	+	ENGR. H. B. NO. 2353 Page 2 1
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	90	+	citizen's hunting days. During those two (2) days only legal
91	91		residents of Oklahoma who are sixty -four (64) years of age or older
92	92		may hunt deer provided the person has a valid l icense as otherwise
93	93		provided by law.
94	94		C. The Commission is further authorized to declare an open
95	95		season on mountain lions and black bears ; provided such season for
96	96		bear shall include a muzz le loader period, and an archery per iod
97		-	starting no earlier than Se ptember 1 and no later than September 15
98		-	of each year.
	97	+	starting no earlier than Se ptember 1 of each year.
99	98		D. Except as provided in subs ection E of this section, the
100	99		Commission is further authorized to prescribe rules necessary to the
101	100		proper conduct and policing of such open season, the amount and kind
102	101		of wildlife that may be taken, and the dates and time limits of such
103	102		season.
104	103		E. Any bowfishing season set for nongame fish by the Commission
105	104		for the Upper Illinois River shall include the following :
106	105		1. Upstream from the Horseshoe Bend boat ramp to where State
107	106		Highway 51 crosses the Illin ois River bowfishing is permitted from
108	107		June 1 to March 31; and
109	108		2. Upstream from where State Highway 51 crosses the Illinois
110	109		River bowfishing is permitted from Dece mber 1 through March 31.
111	110		F. The Commission is further authorized to require any person
112	111		participating in such open season or hunting in open areas during
113	112		open season to procure, under rules prescribed by the Commission, a
114	113		special permit or license to parti cipate in such season or hunt in
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116		-	SENATE FLOOR VERSION - HB2353 SFLR Page 3
117		-	(Bold face denotes Committee Amendments) 1
	115	+	ENGR. H. B. NO. 2353 Page 3 1
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142	140		such areas during open season and to charge residents not t o exceed
143	141		Twenty Dollars ($20.00), nonresidents not to exceed Seventy-five
144	142		Dollars ($75.00) and further providing that Five Dollars ($5.00) of
145	143		this fee shall be set aside for compensation to Oklahoma surface
146	144		holders participating in the Acres for Wildlife P rogram at a rate to
147	145		be determined by the Wildlife Cons ervation Commission. No
148	146		exemptions shall be permitted.
149	147		G. Open seasons, closed seasons, bag limits, catch li mits,
150	148		possession limits and territorial limitations set forth in the
151	149		statutes of this state, pertaining to wildlife of every sort, are
152	150		hereby declared to be based on the existence of a normal population
153	151		of such species of wildlife, compatible with and not damaging to the
154	152		proper agricultural use of the lands of the state.
155	153		H. Such seasons, catch l imits, bag limits, possession limits
156	154		and territorial limitations as set by statute shall prevail and be
157	155		in full force and effect for each and every species of wildl ife to
158	156		which they pertain so long as the population or numbers of such
159	157		wildlife species rema in normal or are not damaging or endangering
160	158		crops or proper agricultural use of the lands of the state.
161	159		I. The Commission in session, and after having given ten ( 10)
162	160		days' public notice of such meeting being called and the purpose of
163	161		such meeting, the sp ecies of wildlife to be considered and the
164	162		reasons therefor, shall have the right to determine if there does or
165	163		does not exist a normal population of the wildlife s pecies under
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167		-	SENATE FLOOR VERSION - HB2353 SFLR Page 4
168		-	(Bold face denotes Committee Amendments) 1
	165	+	ENGR. H. B. NO. 2353 Page 4 1
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193	190		consideration, which does or does not endanger the crops of the
194	191		state or of any certain areas, or the agricultural use of the lands
195	192		therein. In the event the consideration is other than statewide,
196	193		the Commission shall meet at the most conveni ent place to the people
197	194		of the area in the area being considered. All meetings shall be
198	195		open to the public and proper records of those appearing and
199	196		testifying shall be made. If the Commission, after hearing and
200	197		after investigation, finds that the popula tions of the wildlife
201	198		species under hearing are not normal or that they are not compatible
202	199		to the agricultural use of the lands or are damaging or endangering
203	200		the farm crops of the area, they shall, by administrative order,
204	201		make the necessary changes by ei ther extending, shortening, opening
205	202		or closing such seasons, and change such bag limits, cat ch limits
206	203		and possession limits, and regulate methods or devices for taking,
207	204		killing or capturing of the wildlife species affected in any area or
208	205		areas covered by the notice of meeting and hearing, except as
209	206		otherwise set by the Legislature.
210	207		J. Such administrative order shall take effect after
211	208		publication in at least one newspaper of general state circulation,
212	209		or in a newspaper having circulation in the territory af fected. A
213	210		copy of all such orders shall, before publication, be filed with the
214	211		Secretary of State, and such order shall not be construed as
215	212		authorizing the Commission to change any penalty for violating any
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217		-	SENATE FLOOR VERSION - HB2353 SFLR Page 5
218		-	(Bold face denotes Committee Amendments) 1
	214	+	ENGR. H. B. NO. 2353 Page 5 1
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243	239		game law or regulation or change the amount of a ny license
244	240		established by the Legislature.
245	241		SECTION 2. It being immediately necessary for the preservation
246	242		of the public peace, he alth or safety, an emergency is hereby
247	243		declared to exist, by reason whereof this act shall take effect and
248	244		be in full force from and after its passage an d approval.
249		-	COMMITTEE REPORT BY: COMMITTEE ON TOURISM AND WILDLIFE
250		-	April 10, 2023 - DO PASS AS AMENDED
	245	+	Passed the House of Representatives the 6th day of March, 2023.
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	250	+	Presiding Officer of the H ouse
	251	+	of Representatives
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	254	+
	255	+	Passed the Senate the ___ day of __________, 2023.
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	260	+	Presiding Officer of the Senate
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