Req. No. 3077 Page 1 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 STATE OF OKLAHOMA 2nd Session of the 59th Legislature (2024) SENATE BILL 1857 By: Hamilton AS INTRODUCED An Act relating to wildlife; amending 29 O.S. 2021, Section 4-112, as last amended by Section 1, Cha pter 96, O.S.L. 2023 (29 O.S. Supp. 2023, Section 4-112), which relates to hunting license; raising fees for certain license; amending 29 O.S. 2021, Section 5- 401, which relates to Oklahoma Wildlife Conservation Commission powers regarding seasons and bag limits; authorizing the Commission to limit certain limits for nonresidents; 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 last amended by Section 1, Chapter 96, O.S.L. 2023 (29 O.S. Supp. 2023, 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, haras s, catch, kill, take or attempt to take in a ny manner, use, have in possession, sell, or transport all or any portion of any wildlife except fish, without having first procure d a license from the Department of Wildlife Conservation. The Wildlife Conservat ion Commission shall designate a consecutive Saturday an d Sunday in September of each year as free Req. No. 3077 Page 2 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 hunting days in which residents of this state may hunt without first procuring a hunting license pursuant to the provisions of this section. B. The following legal residents of Oklahoma shall be exemp t from the annual hunting license r equirement of paragraph 1 of subsection F of this section and the following nonresidents shall b e exempt from the annual nonresident hunting licenses required pursuant to paragraphs 1 and 2 of subsection 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 li cense pursuant to the provisions of Section 4-114 of this title; 3. Legal residents born on or before Janua ry 1, 1923; 4. Legal resident veterans having a disability of sixt y percent (60%) or more; 5. Legal resident owners or tenants who hunt on land ow ned or leased by them; 6. Any nonresident under fourtee n (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 sta te which borders this state; Req. No. 3077 Page 3 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 8. Any legal resident or nonresident under eighte en (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 nonres ident hunting, pursuing, 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 p rovided for in the Oklahoma Wildlif e Conservation Code, the nonresident hunting licenses issued pursuant to this section and the fe e for each license shall be: 1. Annual hunting license for nonresidents hunting game other than deer, antelope, elk or bear which expire s on December 31 of the year purchased – One Hundred Forty-one Dollars ($141.00) Two Hundred Eighty-two Dollars ($282.00). Nonresidents hunting big game, combination big game and upland game or exotic wildlife in a commercial hunting area shall be req uired 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) Three Hundred Fifty Dollars ( $350.00). Nonresidents hunting big game, combination big game and upland game or exoti c wildlife in a commercial hunting area shall be required to have this license; 3. Gun hunting license for deer: Req. No. 3077 Page 4 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 a. during deer gun seasons for youth nonresidents seventeen (17) years of age or young er which shall be valid for hunting one antlerless deer allowed during the current calendar year de er gun seasons – Thirty Dollars ($30.00) Sixty Dollars ($60.00), b. during deer gun seasons for you th 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 gun seasons – Ninety-nine Dollars ($99.00) Two Hundred Dollars ($200.00), and c. during deer gun seasons for nonresident s which shall be valid for hunting all deer allowed during the current calendar year deer gun season - Two Hundred Ninety-nine Dollars ($299.00) Six Hundred Dollars ($600.00); 4. Archery hunting license f or deer for nonresidents which shall expire on January 15 of the calendar year af ter the year purchased or, if purchased during the deer arch ery season, it shall expire at the end of that deer archery season: a. during deer archery seasons for youth nonres idents seventeen (17) years of age or younger which shall be valid for hunting one antlerless deer allowed during Req. No. 3077 Page 5 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 the current deer archery se asons – Thirty Dollars ($30.00) Sixty Dollars ($60.00), b. during deer archery seasons for youth non residents seventeen (17) years of age or younger which shall be valid for hunting one antlered or antlerless deer allowed during the current deer archery seasons – Ninety-nine Dollars ($99.00) Two Hundred Dollars ($200.00), and c. during deer archery seasons for nonresid ents which shall be valid for hunting all deer allow ed during the current deer archery season - Two Hundred Ninety-nine Dollars ($299.00) Six Hundred Dollars ($ 600.00); 5. Primitive firearms hunting license for deer for: a. during deer primitive firearms seasons for youth nonresidents seventeen (17) years of age or younger which shall be valid for hunting one antlerless deer allowed during the current calendar year deer primitive firearms seasons – Thirty Dollars ($30.00) Sixty Dollars ($60.00), 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 allowe d during the current c alendar Req. No. 3077 Page 6 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 year deer primitive firearms seasons – Ninety-nine Dollars ($99.00) Two Hundred Dollars ($200.00) , and c. during deer primitive firearms seasons for nonresidents which shall be valid for huntin g all deer allowed during the current calendar year deer primitive firearms season - Two Hundred Ninety-nine Dollars ($299.00) Six Hundred Dollars ($ 600.00); 6. Hunting license for antelope for nonresid ents – Three Hundred Five Dollars ($305.00); 7. Hunting license for elk for nonr esidents – 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 gam e, combination big game and upland game or exotic wildlife in a commercial hunting area shall be required to have this license; 9. Ten-day hunting license for nonresidents hunting small game in a commercial hunting area – Five Dollars ($5.00) ; and 10. Five-day hunting license for n onresidents hunting winged upland game, excluding wild turkey, in a commercial hunting area – Fifteen Dollars ($15.00). D. The Department of Wildl ife Conservation shall provide a report to both the President Pro Tempore of the Senate and the Speaker of the House of Represent atives by February 1 of 2019 and Req. No. 3077 Page 7 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 2020 setting forth information rega rding licenses issued pursuant to paragraphs 3, 4 and 5 of subsection C of this section, wh ich 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 compari ng revenue generated from the fees of the licenses issued d uring the most recent respective deer hunting seasons compared to previous years and whether the deer hunting license structure i s beneficial to the Department. E. Of the fees collected pursuant t o the provisions of subsection C of this section: 1. Five Dollars ($5.00) of the license f ee of each license issued pursuant to paragraphs 1 through 7 of subsecti on 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 pursuan t to the provisions of S ection 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 o f subsection C of this section shall be for the Oklahoma Wildlife Land Stamp and shall be deposited in the Oklahoma Wil dlife Land Fund created pursuant to the provisions of Section 4 -141 of this title. Req. No. 3077 Page 8 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 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); 2. Annual hunting license for residents eighteen (18) years o f 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 ye ar purchased - Four Dollars ($4.00); 4. Annual hunting license for residents si xteen (16) or seventeen (17) years of age which e xpires 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 resid ents who are one-hundred-percent disabled and are receiving disability payments from the Multiple Injury Trust Req. No. 3077 Page 9 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 Fund pursuant to Section 31 of Title 85A of the O klahoma 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 Vet erans Affairs 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 are as; 8. Gun hunting license for deer for residen ts under eighteen (18) years of age – Nine Dollars ($9.00); 9. Archery hunting licens e 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 Aff airs 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; Req. No. 3077 Page 10 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 10. Archery hunting license for deer for residents under eighteen (18) years of age - Nine Dollars ($9.00); 11. Primitive firearms hunting license for deer for residents eighteen (18) years of ag e or older - Nineteen Dollars ($19.00) . The following persons shall be exempt: a. residents with proper certification from the U nited 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 b. residents hunting in big game or combination big game and upland game commercial hunting areas; 12. Primitive firearms hunting licen se 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 b e exempt from this license; 14. Hunting license for ante lope for residents – Fifty Dollars ($50.00). Residents hunting in big game or combination big g ame and upland game commercial hunting areas shall be exempt from this license; and Req. No. 3077 Page 11 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 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 c ertification 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 b. residents hunting in big game or combination big game and upland game commercial hunting area s. 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 pu rsuant to paragraph 1, 2, 3 or 4 of subsection F of this section; 2. An annual hunting and fishing combination license issued pursuant to Section 4-113 of this title; 3. A five-year hunting license or five -year combination hunting and fishing license i ssued pursuant to Section 4 -113.1 of this title; or 4. A lifetime hunting license or lifetime comb ination 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 Req. No. 3077 Page 12 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 ($5.00) of the license fee shall be for the Oklaho ma Wildlife Land Stamp and shall be deposited in the Oklahoma Wild life Land Fund created pursuant to the provision s of Section 4-141 of this title. I. The provisions of this section shall not be cons trued to require a hunting license, resident or nonresi dent, 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 test of dogs, whether a resident or no nresident 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 a ttempt to take in any manner any game. J. 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 se ction may purchase a substitute temp orary thirty-day license from the arresting game warden i n lieu of posting bond . Proof of hunter safety certification will not be required for the temporary substitute license. The fee for a substitute license purc hased 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). Req. No. 3077 Page 13 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 2. Except as otherwise provided for by this su bsection, the fees from licenses pur chased pursuant to the provisions of this subsection shall be deposited in the Wildlife Conse rvation Fund to be used exclusively for developing, managing, preserving, and protecting wildlife and wildlife habitat. K. Any person producing proof in court that a current hunting license issued by the Department of Wildlife Conservation to t hat person was in force at the time of the allege d 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 t he court or district attorney within seventy-two (72) hours after the vio lation, the charge shall be dismissed without pa yment of court costs. L. Unless a substitute license is purchased as provided for by subsection J of this section, any resident convi cted 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 thirt y (30) days, or by both. M. Unless a substitute license is purchased as p rovided for by subsection J of this section, any nonresident convicted of violatin g the provisions of this section shall be punished b y the imposition of a fine of not less than Two Hundred Dollars ($200.00) nor more Req. No. 3077 Page 14 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 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. AMENDATORY 29 O.S. 2021, Section 5 -401, is amended to read as follows: Section 5-401. A. The Wildlife Conservation Commission is authorized to declare an open season on wildl ife in any counties or parts of counties of this state where, in the judgment of the Commission, such wildlife exists in sufficient quantity to warrant such open season, and suc h open season shall be declared by Commission resolution not less than ten (10) days before the season is opened. B. The Commission may designate any two (2) consecutive days after the open season declared for hunting deer to be senior citizen’s hunting days. During those two (2) days only legal residents of Oklahoma who are sixty -four (64) years of age or older may hunt deer provided the person has a valid license as otherwise provided by law. C. The Commission is further authorized to declare an open season on mountain lions and black bears. D. Except as provided in subsection E of this section, the Commission is further authorized to prescribe rules necessary to the proper conduct and policing of such open season, the amount and kind of wildlife that may be taken, and the dates and time limits of such season. Req. No. 3077 Page 15 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 E. Any bowfishing season set for nongame fish by the Commission for the Upper Illinois River shall inclu de the following: 1. Upstream from the Horseshoe Bend boat ramp to where State Highway 51 crosses the Illinois River bowfishing is permitted from June 1 to March 31; and 2. Upstream from where State Highway 51 crosses the Illinois River bowfishing is permitted from Dece mber 1 through March 31. F. The Commission is further authorize d to require any person participating in such open season or hunting in open areas during open season to procure, under rules prescribed by the Commission, a special permit or license to participate in such season or hunt in such areas during open season and to charg e residents not to exceed Twenty Dollars ($20.00), nonresidents not to exceed Seventy -five Dollars ($75.00) and further providing that Five Dollars ($5.00) of this fee shall be set aside for compensation to Oklahoma surface holders participating in the Acres for Wildlife Program at a rate to be determined by the Wildlife Conservation Commission. No exemptions shall be permitted. G. Open seasons, closed seasons, bag limits, catch limits, possession limits and territorial limitations set forth in the statutes of this state, pertaining to wildlife of every sort, are hereby declared to be based on the existence of a normal population of such species of wildlife, compatible with and not damaging to the proper agricultural use of the lands of the stat e; provided, that Req. No. 3077 Page 16 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 the bag limits set by the Commission for nonresident hunters shall not exceed more than half of the limit established for resident hunters. H. Such seasons, catch limits, bag limits, possession limits and territorial limitations as set by statute s hall prevail and be in full force and effect for each and every species of wildlife to which they pertain so long as the population or numbers of such wildlife species remain normal or are not damaging or endangering crops or proper agricultural use of the lands of the state. I. The Commission in session, and after having given ten (10) days’ public notice of such meeting being called and the purp ose of such meeting, the species of wildlife to be considered and the reasons therefor, shall have the right to determine if there does or does not exist a normal population of the wildlife species under consideration, which does or does not endanger the crops of the state or of any certain areas, or the agricultural use of the lands therein. In the event the cons ideration is other than statewide, the Commission shall meet at the most conven ient place to the people of the area in the area being considered. All meetings shall be open to the public and proper records of those appearing and testifying shall be made. If the Commission, after hearing and after investigation, finds that the populations of the wildlife species under hearing are not normal or that they are not compatible to the agricultural use of the lands or are damaging or endangering Req. No. 3077 Page 17 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 the farm crops of the area, they shall, by administrative order, make the necessary changes by e ither extending, shortening, opening or closing such seasons, and change such bag limits, catch limits and possession limits, and regulate methods or devices for taking, killing or capturing of the wildlife species affected in any area or areas covered by the notice of meeting and hearing, except as otherwise set by the Legislature. J. Such administrative order shall take effect after publication in at least one newspaper of gen eral state circulation, or in a newspaper having circulation in the territory a ffected. A copy of all such orders shall, before publication, be filed with the Secretary of State, and such order shall not be construed as authorizing the Commission to chang e any penalty for violating any game law or regulation or change the amount of any license established by the Legislature. SECTION 3. This act shall become effective November 1, 2024. 59-2-3077 MR 1/17/2024 5:55:10 PM