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STATE OF OKLAHOMA
1st Session of the 59th Legislature (2023)
HOUSE BILL 2868 By: Wallace
AS INTRODUCED
An Act relating to wildlife; amending 29 O.S. 2021,
Section 4-112, as amended by Section 1, Chapter 347,
O.S.L. 2022 (29 O.S. Supp. 2022 , Section 4-112),
which relates to hunting licenses; modifying licenses
authorization; and providing an effective date.
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1. AMENDATORY 29 O.S. 2021, Section 4-112, as
amended by Section 1, Chapter 347, O.S.L. 2022 (29 O.S. Supp. 2022,
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, kill, 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 Departm ent of Wildlife
Conservation. The Wildlife Conservation Commission 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
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procuring a hunting license pursuan t to the provisions of this
section.
B. The following legal residents of Oklahoma shall be exempt
from the annual hunti ng license requirement of paragraph 1 of
subsection F of this section and the following nonresidents shall be
exempt from the annual non resident hunting licenses required
pursuant to paragraphs 1 and 2 of subsection C of this section:
1. Legal residents u nder sixteen (16) years of age;
2. Legal residents sixty -five (65) years of age or older
provided they have obtained a senior citizen l ifetime hunting 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;
5. Legal resident owners or tenants who hunt on land owned or
leased by them;
6. Any nonresident under fourteen (14) year s of age;
7. Legal residents having a proven disability which renders
them nonambulatory and confines them to a wheelchair, as certifie d
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 Ok lahoma Statutes; and
9. Any legal resident or nonresident hunting, pursuing,
trapping, harassing, catching, killing, ta king, or attempting to
take in any manner any species of rattlesnake during an organized
rattlesnake-hunting event or festival and who h as a rattlesnake
permit issued pursuant to Section 4 -143 of this title.
C. Except as otherwise provided for in the Okla homa 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 Decemb er 31 of the
year purchased – One Hundred Forty-one Dollars ($141.00).
Nonresidents hunting big game, combination big game and upland g ame
or exotic wildlife in a commercial hunting area shall be required to
have this license;
2. Annual hunting license f or 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, combination big game and upland game
or exotic wildlife in a commercial hunting area shall be required to
have this license;
3. Gun hunting license for deer:
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a. during deer gun seasons for yo uth nonresidents
seventeen (17) years of age or younger which shall be
valid for hunting one antlerless deer allowed dur ing
the current calendar year deer gun seasons – Thirty
Dollars ($30.00),
b. during deer gun seasons for youth nonresidents
seventeen (17) years of age or younger which shall be
valid for hunting one antlered or antlerless deer
allowed during the current c alendar year deer gun
seasons – Ninety-nine Dollars ($99.00), and
c. during deer gun seasons for nonresidents which shall
be valid for hunting all deer allowed during the
current calendar year deer gun season - Two Hundred
Ninety-nine Dollars ($299.00);
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:
a. during deer archery seasons for youth nonresidents
seventeen (17) years of age or younger which shall be
valid for hunting one antlerless deer allowed du ring
the current deer archery seasons – Thirty Dollars
($30.00),
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b. during deer archery seasons for youth nonresidents
seventeen (17) years of age or younger which shall be
valid for hunting one antlered or antlerless deer
allowed during the current deer a rchery seasons –
Ninety-nine Dollars ($99.00), and
c. during deer archery seasons for nonresidents which
shall be valid for hunting all deer allowed during the
current deer archery season - Two Hundred Ninety-nine
Dollars ($299.00);
5. Primitive firearms hunting license for deer for:
a. during deer primitive firearms seasons for youth
nonresidents seventeen (17) years of a ge or younger
which shall be valid for hunting one antlerless deer
allowed during the current calendar year deer
primitive firearms seas ons – Thirty Dollars ($30.00),
b. during deer primitive firearms seasons for youth
nonresidents seventeen (17) years of age or younger
which shall be valid for hunting one antlered or
antlerless deer allowed during the current calendar
year deer primitive firearms seasons – Ninety-nine
Dollars ($99.00), and
c. during deer primitive firearms seasons for
nonresidents which sh all be valid for hunting all deer
allowed during the current calendar year deer
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primitive firearms season - Two Hundred Ninety-nine
Dollars ($299.00);
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). Nonresidents hunting big game, combinat ion big
game and upland game or exotic wildlife in a commercial hunting area
shall be required to have this license; and
9. Ten-day hunting license for nonresidents hunting small game
and winged upland game exclu ding wild turkey, in a commercial
hunting area – Five Dollars ($5.00).
D. The Department of Wildlife Conservation shall provide a
report to both the President Pro Tempore of the S enate and the
Speaker of the House of Representatives by February 1 of 2019 and
2020 setting forth information regardin g licenses issued pursuant to
paragraphs 3, 4 and 5 of subsection C of this section, which shall
include, but not be limited to:
1. The number of licenses issued during the most recent
respective deer hunting seasons; and
2. A fiscal analysis comparing r evenue generated from the fees
of the licenses issued during the most recent respective deer
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hunting seasons compared to previous years a nd whether the deer
hunting license structure is beneficial to the Department.
E. Of the fees collected pursuant to th e provisions of
subsection C of this section:
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 to 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 paragraphs 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.
F. 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);
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2. Annual hunting license for residents eighteen (18) years of
age and older which expires on June 30 of the fi scal 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);
4. Annual hunting license for residents sixt een (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 hunt ing 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 residen ts 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 from the United
States Department of Veterans Affairs or its
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successor, certifying that the person is a disabled
veteran in receipt of compensation at the one -hundred-
percent rate, 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 ($1 9.00). The following
persons shall be exempt:
a. residents with proper certification from the United
States Department of Veterans Affai rs or its
successor, certifying that the person is a disabled
veteran in receipt of compensation at the one -hundred-
percent rate, and
b. residents hunting in big game or combination big game
and upland game commercial hunting areas;
10. Archery hunting li cense for deer for residents under
eighteen (18) years of age - Nine Dollars ($9.00);
11. Primitive firearms hunting l icense 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 from the United
States Department of Veterans Affairs or its
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successor, certifying that the person is a disabled
veteran in receipt of compensation at the one -hundred-
percent rate, and
b. residents hunting in big game o r combination big game
and upland game commercial hunting areas;
12. Primitive firearms hunting license for deer for r esidents
under eighteen (18) years of age - Nine Dollars ($9.00);
13. Hunting license for elk for residents - Fifty Dollars
($50.00). Residents hu nting 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
upland game commercial hunting areas shall be exempt from this
license; and
15. Bonus, special or additional gun hunting license 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 disa bled
veteran in receipt of compensation at the one -hundred-
percent rate, and
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b. residents hunting in big game or combination big game
and upland game commercial hunting areas.
G. Residents hunting big game, combination big game and upland
game or exotic wildlife in a commercial hunting area shall be
required to have one of the following license s:
1. An annual hunting license issued pursuant to parag raph 1, 2,
3 or 4 of subsection F of this section;
2. An annual hunting and fishing combination license iss ued
pursuant to Section 4-113 of this title;
3. A five-year hunting license or five -year combination hunting
and fishing license issued pursuant to Section 4-113.1 of this
title; or
4. A lifetime hunting license or lifetime combination hunting
and fishing license issued pursuant to Section 4 -114 of this title.
H. Of the fees collected pursuan t to the provisions of
paragraphs 1 and 2 of subsection F 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.
I. The provisions of this section shall not be construed to
require a hunting license, resident or nonresident, of any person
merely because the person participates, as owner or handler of an
entry, as an official, or as a sp ectator in the conduct of a field
trial or performance te st of dogs, whether a resident or nonresident
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of the State of Oklahoma. No license to hunt shall be require d 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.
J. 1. Any person arrested for hunting game other than deer,
antelope, elk, bear or turk ey without a valid hunting license as
required by the provisions of subsection A of this se ction 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 b e required for the temporary
substitute license. The fee for a substitute license purchase d
pursuant to the 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 pur chased 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.
K. Any person producing proof in court tha t a current hunting
license issued by the Department of W ildlife 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 cu rrent hunting license
issued by the Department to the per son 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 paymen t of court costs.
L. Unless a substitute license is purc hased as provided for by
subsection J of this section, any resident 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) 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.
M. Unless a substitute license is purchased as provided for by
subsection J of this section, any non resident convicted of violating
the provisions of this se ction shall be punished by the imposition
of a fine of not less than Two Hundred Dollars ($200.00) nor more
than Five Hundred Dollars ($500.00), or by imprisonment in the
county jail for a period not to exceed six (6) months, or by both.
SECTION 2. This act shall become effective November 1, 2023.
59-1-5466 MKS 12/06/22