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STATE OF OKLAHOMA
1st Session of the 59th Legislature (2023)
SENATE BILL 1015 By: Kidd
AS INTRODUCED
An Act relating to the Oklahoma Farmed Cervidae Act;
defining certain term ; prohibiting certain wildlife
propagation and holding; requiring certain licensing
by the Oklahoma Department of Agriculture , Food, and
Forestry; requiring certain proof submission;
authorizing certain inspection authority;
establishing certain license fee; providing c ertain
expiration guidelines; authorizing certain rule
promulgation authority; amending 29 O.S. 2021,
Section 4-106, which relates to licenses; modifying
certain license descriptions; removing certain
inspection authority; removing certain license fees;
modifying certain rule promulgation authority;
providing for codification; and declaring an
emergency.
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1. NEW LAW A new sectio n of law to be codified
in the Oklahoma Statutes as Section 6-517 of Title 2, unless there
is created a duplication in numb ering, reads as follows:
A. For purposes of this se ction, “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 whitetail deer,
mule deer or elk, cervidae hybrids , turkey, exotic species, and
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exotic hybrid species for barter, the offer to sell, or for the
possession with intent to sell for profit or monetary gain.
B. No person may propagate or hold in ca ptivity any wildlife
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 comme rcial harvesting facility complies
with all applicable laws and rules governing the harvesting 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 harvesting facility.
C. Before obtaining a commercial harvesting facility license or
renewal the applicant shall submit proof that any addition al animals
have been secured from a source other than wi ld stock of this state.
D. The Secretary of Agriculture, State Veterinarian, or their
designees shall have the authority to inspec t a commercial
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 determined 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).
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F. All licenses issued pursuant to this section shall expire
August 31 of each year and shall re place those issued previously
pursuant to Section 4-106 of Title 29 of the Oklahoma Statutes .
G. The Oklahoma Department of Agriculture, Food, and Forestry
shall promulgate rules as necessary pursuant to the commercial
harvesting license outlined in this section.
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 ho ld in captivity
any wildlife or domest icated 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 gam e, or a combination of big game
and upland game.
1. A big game license commercial harvesting license, as created
in Section 1 of this act, shall be required for legal ly acquired
exotic ungulates, domestica ted animals so designated by the Oklahoma
Wildlife Conservation Commission, exotic swine , and legally acquired
whitetail and mule deer, turkey and other species of big game
lawfully taken under the provisions of subse ction A of Section 5-411
and Section 5-401 of this title. Wildlife that has been crossb red
with exotic wildlife shall be consi dered native and not exotic
unless documentation shows otherwise.
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2. An upland game license shall be required for legally
acquired captive-raised pheasants, all species of quail, Indian
chukars, water fowl, and other similar or suitable gallinaceous
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 licens e the
applicant shall submit proof that such wildlife or domesticat ed
animals hunted for sport will be or have been secured from a source
other than the wild stock in this state. Any person obtaining or
renewing a license shall submi t a true and complete i nventory of
said animals before a license shall be approved. Each license shall
specifically list the di fferent 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 authority to inspect any and all records and
invoices pertaining to the commercial hun ting operations of any
person licensed or requesting licensure pursuant to this section and
additionally shall have the authorit y to inspect any and all
facilities, equipment and property connected to the hunting
operation of any person licensed or requesting licensure pursuant to
this section.
D. 1. The annual fee for a commercial hunting area license for
upland game under this section shall be One Hundred Dollars
($100.00).
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2. The annual fee for a commercial hunti ng area license for:
a. big game pursuant to this section shall be Two Hundred
Fifty Dollars ($250.00), or
b. a combination of big game and upland game pursuant to
this section shall be Three Hun dred Fifty Dollars
($350.00).
E. All licenses issued pursuan t to this section shall expire on
June 30 of each year.
F. D. Exemptions from this license requirement shall be
operators of running pens used for the performance test o r 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 run ning pens so long as
no other wildlife are taken or hunted in any manner.
G. E. Any person convicted of violating the provisions o f this
section shall be punished by a fine of not less than Five Hundred
Dollars ($500.00) nor more than One Thousand Five Hund red Dollars
($1,500.00), or by im prisonment in the county jail not to exceed
sixty (60) days, or by both such fine and imprisonment.
H. F. Any person convicted of violating the provisions of this
section shall have the commercial hunting area license revoked . No
new license shall be issue d for a period of six (6) months from and
after the date on which the revocation order becomes ef fective.
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I. G. The Department is authorized to promulgate rules
pertaining to commercial hunting areas this section.
SECTION 3. It being immediately necessary for the pres ervation
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.
59-1-988 JES 1/19/2023 12:26:28 PM