| 44 | 41 | | |
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| 45 | 42 | | An Act relating to hunting; amending 29 O.S. 2021, |
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| 46 | 43 | | Section 4-112A, which relates to the certificate of |
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| 47 | 44 | | competency and safety; requiring applicants of a |
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| 48 | 45 | | certain license to receive certificate; requiring |
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| 49 | 46 | | certain individuals to apply for a hunting guide |
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| 50 | 47 | | license or register with the Department of Wi ldlife |
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| 51 | 48 | | Conservation in order to hunt in this state; |
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| 52 | 49 | | directing Department to promulgate rules for |
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| 53 | 50 | | licensure; requiring certain requirements of persons |
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| 54 | 51 | | prior to application; exempting certain individuals |
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| 55 | 52 | | from licensure; providing for penalties; updating |
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| 56 | 53 | | statutory language; providing for codification; and |
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| 57 | 54 | | providing an effective date. |
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| 58 | 55 | | |
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| 59 | 56 | | |
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| 60 | 57 | | |
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| 99 | 93 | | of age may take the hunter education c ourse but are not eligibl e to |
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| 100 | 94 | | be tested for and receive hunter safety certification. A hunter |
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| 101 | 95 | | safety certificate issued by another state or countr y and approved |
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| 102 | 96 | | by the Department of Wildlife Conserva tion shall be deemed to meet |
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| 103 | 97 | | the requirements of this se ction. |
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| 104 | 98 | | B. A youth hunter under sixteen (16) years of age hunt ing small |
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| 105 | 99 | | game shall be exempt f rom the hunter safety certi fication |
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| 106 | 100 | | requirements set forth in subsection A of this section if they are |
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| 107 | 101 | | accompanied by a licensed hunter eighteen (18) years of age or older |
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| 108 | 102 | | who possesses a certificate of hunter safety or is e xempt from the |
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| 109 | 103 | | hunter safety certification requirements. T he accompanying hunter |
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| 110 | 104 | | shall be in sight of the youth hunter and shall be able to |
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| 111 | 105 | | communicate with the youth hunter in a normal voice w ithout the aid |
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| 112 | 106 | | of any communication device. A youth hunter wh o possesses a |
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| 113 | 107 | | certificate of hunter safety may hunt small g ame without an |
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| 114 | 108 | | accompanying hunter as long as the youth hunter carries the |
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| 115 | 109 | | certification on their person. |
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| 116 | 110 | | C. Persons under thirty (30) years of age who do not possess a |
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| 117 | 111 | | certificate of hunter safet y may purchase or receive any hu nting |
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| 118 | 112 | | license or permit whi ch is required by law with the designation |
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| 119 | 113 | | apprentice listed on the hunter educ ation line of the license or |
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| 120 | 114 | | permit. A person holding a license or permit with t he apprentice |
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| 150 | 143 | | a certificate of hunter safety or is exempt from the hunter safety |
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| 151 | 144 | | certification requirements or is accom panied by a person exempt from |
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| 152 | 145 | | the hunting license requirements. In addition, all persons under |
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| 153 | 146 | | ten (10) years of age, wh en hunting big game, regardless of hunter |
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| 154 | 147 | | safety certification, shall be accompanied by a licensed hunter |
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| 155 | 148 | | eighteen (18) years of age o r older who possesses a certificate o f |
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| 156 | 149 | | hunter safety or is exempt fro m the hunter safety certifi cation |
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| 157 | 150 | | requirements or is accompanied by a person exempt from the hunting |
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| 158 | 151 | | license requirement. When hunting big game, the accompanying hunter |
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| 159 | 152 | | shall be within arm’s length of the apprentice hunter or close |
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| 160 | 153 | | enough so that the acco mpanying hunter can immedia tely take control |
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| 161 | 154 | | of the firearm or archery equipment of the apprentice hunter. When |
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| 162 | 155 | | hunting small game, the accompanying hunter shall be in sight of the |
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| 163 | 156 | | apprentice hunter and shall be able to com municate with the |
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| 164 | 157 | | apprentice hunter in a normal voice witho ut the aid of any |
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| 165 | 158 | | communication device. |
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| 166 | 159 | | D. Legal residents who do not possess a certificate of hunter |
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| 167 | 160 | | safety may purchase a lifetime h unting license or lifetim e |
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| 168 | 161 | | combination hunting/fishing license with the designation apprentice |
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| 169 | 162 | | listed on the hunter educa tion line of the license. A resident |
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| 170 | 163 | | holding a lifetime license with the appre ntice designation shall be |
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| 171 | 164 | | allowed to hunt only if they comply with the accompany ing hunter |
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| 201 | 193 | | lifetime license with the apprentice designation shall be entitled |
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| 202 | 194 | | to renew their license wi thout the apprentice desi gnation. |
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| 203 | 195 | | E. No nonresident may purchase and receive a hunting guide |
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| 204 | 196 | | license or resident may register as a hunting guide pursuant to |
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| 205 | 197 | | Section 2 of this act unless the nonresident or resident possesses |
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| 206 | 198 | | and can exhibit a certificate of competency and safety in the use |
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| 207 | 199 | | and handling of firearms from the Department o f Wildlife |
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| 208 | 200 | | Conservation. The Department shall charge no fee for t he issuance |
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| 209 | 201 | | of this certificate. A hunter safety certificate issued by another |
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| 210 | 202 | | state or country and approved by the Department of Wildlife |
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| 211 | 203 | | Conservation shall be deemed to meet the requireme nts of this |
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| 212 | 204 | | section for a nonresident. The exemption provided in subsection G |
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| 213 | 205 | | of this section shall not apply to nonresidents seeking to purchase |
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| 214 | 206 | | and receive a hunting guide license . |
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| 215 | 207 | | F. The Department of Wildlife Conservatio n shall promulgate |
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| 216 | 208 | | rules necessary for the certification of programs for hunter s afety |
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| 217 | 209 | | offered by other public or private or ganizations. |
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| 218 | 210 | | F. The G. Except as provided in subsection E of this sectio n, |
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| 219 | 211 | | the provisions of this section shall no t apply to any person who has |
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| 220 | 212 | | an honorable discharge from the United States Armed Forces, who is |
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| 221 | 213 | | currently on active duty in the United Stat es Armed Forces or a |
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| 222 | 214 | | member of the National Guard. In addition, the provisions of this |
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| 252 | 243 | | upon land owned or leased by the person. The provisions of this |
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| 253 | 244 | | subsection shall not exempt nonresidents owning l and in this state |
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| 254 | 245 | | nor any person leasing land, for the purpose of hunting. |
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| 255 | 246 | | G. H. Any person convicted of violating the provisions of this |
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| 256 | 247 | | section shall be punished by the im position of a fine of not less |
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| 257 | 248 | | than Fifty Dollars ($50.00) nor more than Two Hundr ed Dollars |
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| 258 | 249 | | ($200.00) or by imprisonme nt in the county jail for a period not to |
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| 259 | 250 | | exceed thirty (30) days, or by both fine and impriso nment. |
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| 260 | 251 | | SECTION 2. NEW LAW A new section of law to be codified |
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| 261 | 252 | | in the Oklahoma Statutes as Section 4-112B of Title 29, unless there |
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| 262 | 253 | | is created a duplicat ion in numbering, reads as follows: |
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| 263 | 254 | | A. Except as otherwise provided in the Oklaho ma Wildlife |
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| 264 | 255 | | Conservation Code, no: |
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| 265 | 256 | | 1. Nonresident shall assist, accompany, transport, guide, or |
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| 266 | 257 | | aid persons in the taking of game for compensation or other |
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| 267 | 258 | | consideration in this state without having first procure d a licensed |
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| 268 | 259 | | specified in subsection B of this section f rom the Director of |
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| 269 | 260 | | Wildlife Conservation or from any of the authorized agents of the |
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| 270 | 261 | | Department; and |
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| 271 | 262 | | 2. Resident shall ass ist, accompany, transport, guide, or aid |
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| 272 | 263 | | persons in the taking of game for comp ensation or other |
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| 273 | 264 | | consideration in this state without having first registered as a |
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| 303 | 293 | | B. The Department shall pr omulgate rules for a hunting guide |
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| 304 | 294 | | license for nonresidents who assist, accompany, transport, guide, or |
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| 305 | 295 | | aid persons in the taking of game for comp ensation or other |
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| 306 | 296 | | consideration. All nonresidents making application for a hunting |
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| 307 | 297 | | guide license or residents registering to be a hunting guide in this |
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| 308 | 298 | | state shall: |
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| 309 | 299 | | 1. Be eighteen (18) years of age or older; |
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| 310 | 300 | | 2. Be able to produce a valid license to operate a motor |
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| 311 | 301 | | vehicle or other positive proof of identification, age , and |
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| 312 | 302 | | residency, and any such license issued sha ll show such data as well |
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| 313 | 303 | | as the date and time of issuance; and |
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| 314 | 304 | | 3. Receive a certificate of competency and safety in use and |
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| 315 | 305 | | handling of firearms pursuant to subsection E of Section 4 -112A of |
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| 316 | 306 | | Title 29 of the Oklahoma Statutes . |
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| 317 | 307 | | C. The fee for a license under this section shall be |
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| 318 | 308 | | promulgated by the Director. |
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| 319 | 309 | | D. The provisions of this section shall not: |
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| 320 | 310 | | 1. Apply to landowners or agricultural less ees who provide such |
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| 321 | 311 | | services on properties they own or lease ; |
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| 322 | 312 | | 2. Exempt a nonresident procuring a guide lice nse or resident |
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| 323 | 313 | | registering to be a guide pursuant to this section from any other |
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| 324 | 314 | | hunting licenses as required by law; or |
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| 325 | 315 | | |
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