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STATE OF OKLAHOMA
1st Session of the 59th Legislature (2023)
SENATE BILL 876 By: Pederson
AS INTRODUCED
An Act relating to hunting; amending 29 O.S. 2021,
Section 4-112A, which relates to the certificate of
competency and safety; requiring applicants of a
certain license to receive certificate; requiring
nonresidents to apply for a hunting guide license
from the Department of Wi ldlife Conservation in order
to hunt in this state; directing Department to
promulgate rules for licensure; requiring certain
requirements of persons prior to application; setting
license fee maximum; exempting certain individuals
from licensure; providing for punishment; providing
for codification; and providing an e ffective date.
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1. AMENDATORY 29 O.S. 2021, Section 4 -112A, is
amended to read as follows:
Section 4-112A. A. No person thirty (30) years of age or
younger may purchase or receive any hunting license or hun ting tag
unless the person possesses and can exhibit a c ertificate of
competency and safety in the use and handling of firearms from the
Department of Wildlife Conservation. Th e Department shall charge no
fee for the issuance of certificates. Persons und er ten (10) years
of age may take the hunter education c ourse but are not eligibl e to
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be tested for and receive hunter safety certification. A hunter
safety certificate issued by another state or country and approved
by the Department of Wildlife Conserva tion shall be deemed to meet
the requirements of this se ction.
B. A youth hunter under sixteen (16) years of age hunt ing small
game shall be exempt f rom the hunter safety certi fication
requirements set forth in subsection A of this section if they are
accompanied by a licensed hunter eighteen (18) years of age or older
who possesses a certificate of hunter safety or is e xempt from the
hunter safety certification requirements. T he accompanying hunter
shall be in sight of the youth hunter and shall be able to
communicate with the youth hunter in a normal voice w ithout the aid
of any communication device. A youth hunter wh o possesses a
certificate of hunter safety may hunt small g ame without an
accompanying hunter as long as the youth hunter carries the
certification on their person.
C. Persons under thirty (30) years of age who do not possess a
certificate of hunter safet y may purchase or receive any hu nting
license or permit whi ch is required by law with t he designation
apprentice listed on the hunter educ ation line of the license or
permit. A person holding a license or permit with t he apprentice
designation shall be al lowed to hunt only if they are a ccompanied by
a licensed hunter eighteen (18) years of age or older who possesses
a certificate of hunter safety or is exempt from the hunter safety
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certification requirements or is accom panied by a person exempt from
the hunting license requirements. In addition, all persons under
ten (10) years of age, when hunting big game, regardless of hunter
safety certification, shall be accompanied by a licensed hunter
eighteen (18) years of age o r older who possesses a certificate o f
hunter safety or is exempt fro m the hunter safety certifi cation
requirements or is ac companied by a person exempt from the hunting
license requirement. When hunting big game, the accompanying hunter
shall be within arm's length of the apprentice hunter or close
enough so that the acco mpanying hunter can immedia tely take control
of the firearm or archery equipment of the apprentice hunter. When
hunting small game, the accompanying hunter shall be in sight of the
apprentice hunter and shall be able to com municate with the
apprentice hunter in a normal voice witho ut the aid of any
communication device.
D. Legal residents who do not possess a certificate of hunter
safety may purchase a lifetime h unting license or lifetim e
combination hunting/fishing license with the designation apprentice
listed on the hunter educa tion line of the license. A resident
holding a lifetime license with the appre ntice designation shall be
allowed to hunt only if they comply with the accompany ing hunter
requirements as set forth in subsection C of this section. Upon
obtaining a certific ate of hunter safety, a resi dent holding a
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lifetime license with the apprentice designation shall be entitled
to renew their license wi thout the apprentice desi gnation.
E. No nonresident may purchase and receive a hunting guide
license pursuant to Section 2 of this act unless the nonresident
possesses and can exhibit a c ertificate of competency and safety in
the use and handling of firearms from the Department o f Wildlife
Conservation. The Department shall charge no fee for the issuance
of this certificate. A hunter safety certificate issued by another
state or country and approved by the Department of Wildlife
Conservation shall be deemed to meet the requireme nts of this
section. The exemption provided in subsection G of this section
shall not apply to the requirements of this sub section.
F. The Department of Wildlife Conservatio n shall promulgate
rules necessary for the certification of programs for hunter s afety
offered by other public or private organizations.
F. The G. Except as provided in subsection E of this sectio n,
the provisions of this section shall no t apply to any person who has
an honorable discharge from the United States Armed Forces, who is
currently on active duty in the United States Armed Forces or a
member of the National Guard. In addition, the provisions of this
section shall not apply to a ny person who is a resident landowner or
a resident tenant, while hunting game other than deer or antelope,
upon land owned or leased by the person. The provisions of this
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subsection shall not exempt nonresidents owning l and in this state
nor any person leasing land, for the purpose of hunting.
G. H. Any person convicted of violating the provisions of this
section shall be punished by the imposition of a fine of not less
than Fifty Dollars ($50.00) nor more than Two Hundr ed Dollars
($200.00) or by imprisonme nt in the county jail for a period not to
exceed thirty (30) days, or by both fine and impriso nment.
SECTION 2. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 4-112B of Title 29, unless there
is created a duplicat ion in numbering, reads as follows:
A. Except as otherwise provided in the Oklaho ma Wildlife
Conservation Code, no nonresident shall assist, accompany,
transport, guide, or aid persons in the taking of game for
compensation or other consideration in this state without having
first procured a licensed specified in subsection B of this section
from the Director of the Department of Wildlife Conservation or from
any of the authorized agents of the Department.
B. The Department shall pr omulgate rules for a hunting guide
license for nonresidents who assist, accompany transport, guide, or
aid persons in the taking of game for comp ensation or other
consideration. All nonresidents making application for a hunting
guide license shall:
1. Be eighteen (18) years of age or older;
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2. Be able to produce a valid license to operate a motor
vehicle or other positive proof of identification, age , and
residency, and any such license issued sha ll show such data as well
as the date and time of issuance; and
3. Receive a certificate of competency and safety in use and
handling of firearms pursuant to subsection E of Section 4 -112A of
Title 29 of the Oklahoma Statutes .
C. The fee for a license under this section shall be
promulgated by the Director.
D. The provisions of this section shall not:
1. Apply to landowners or agricultural less ee who provide such
services on properties they own or lease ;
2. Exempt a nonresident procuring a guide lice nse pursuant to
this section from any other hunting licenses as required by law; or
3. Allow the license holder to conduct guide business on any
land publicly owned or managed by the Department of Wildlife
Conservation.
F. Any person convicted of violating the provisions o f this
section shall be punished by a fine not more than Two Thousand
Dollars ($2,000.00).
SECTION 3. This act shall become effective November 1, 2023.
59-1-1483 MR 1/19/2023 10:07:24 AM