Req. No. 688 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 1st Session of the 59th Legislature (2023) SENATE BILL 922 By: Stephens AS INTRODUCED An Act to conditions of fish and wildlife; creating the Oklahoma Hunters First Act; providing short title; amending 29 O.S. 2021, Section 5-401, which relates to the Wildlife Conservation Commission ; requiring a certain number of tags to be issued to Oklahoma residents; providing for noncodification; and providing an effective date. BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA: SECTION 1. NEW LAW A new section of law not to be codified in the Oklahoma Statutes reads as follows: This act shall be known and may be cited as the “Oklahoma Hunters First Act”. SECTION 2. AMENDATORY 29 O.S. 2021, Section 5 -401, is amended to read as follows: Section 5-401. A. The Wildlife Conservati on Commission is authorized to declare an open season on wildlife 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 such open season sha ll be declared by Req. No. 688 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 Commission resolution not less than ten (10) days before the season is opened. B. The Commission may designate any two (2) cons ecutive days after the open season declared for hunting deer to be senior citizen’s hunting days. During thos e 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 licens e 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. E. Any bowfishing season set for nongame fish by th e Commission for the Upper Illinois River shall inc lude the following: 1. Upstream from the Horseshoe Bend boat ramp to where State Highway 51 crosses the Illin ois River bowfishing is permitted from June 1 to March 31; and 2. Upstream from where State Hi ghway 51 crosses the Illinois River bowfishing is p ermitted from December 1 through March 31. F. The Commission is further authorized to require any person participating in such open season or hunting in open areas during Req. No. 688 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 open season to procure, under rul es prescribed by the Commission, a special permit or license to participate in such season or hunt in such areas during open season and to charge residents not t o 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 P rogram at a rate to be determined by the Wildlife Conservation Commission. No exemptions shall be permitted. G. Open seasons, closed seasons, ba g 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 no rmal population of such species of wildlife, compat ible with and not damaging to the proper agricultural use of the lands of the state. H. Such seasons, catch l imits, bag limits, possession limits and territorial limitations as set by statute shall prevai l and be in full force and effect for each and ever y species of wildlife to which they pertain so long as the population or numbers of such wildlife species rema in normal or are not damaging or endangering crops or proper agricultural use of the lands of t he state. I. For seasons governed by a mechanism e mployed by the Commission to limit the number of tags issued for specific game in Req. No. 688 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 Oklahoma, ninety-five percent (95%) of the total number of issued tags shall go to Oklahoma residents each year. J. The Commission in session, and after having given ten ( 10) days’ public notice of such meeting being called and the purpose of such meeting, the sp ecies of wildlife to be consi dered and the reasons therefor, shall have the right to determine if there does or does not exist a normal population of the wildlife s pecies under consideration, which does or does not endanger the crops of the state or of any certain areas, or the agricu ltural use of the lands therein. In the event the consideration is other than statewi de, the Commission shall meet at the most conveni ent place to the people of the area in the area being considered. All meetings shall be open to the public and proper re cords of those appearing and testifying shall be made. If the Commission, after heari ng and after investigation, finds that the popula tions 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 the farm crops of the area, they shall, by admin istrative order, make the necessary changes by ei ther extending, shortening, opening or closing such seasons, and change such bag limits, cat ch limits and possession limits, and regulate methods or devices for taking, killing or capturing of the wildlife s pecies affected in any area or areas covered by the notice of meeting and hearing, except as otherwise set by the Legislature. Req. No. 688 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 J. K. Such administrative order shall take effect after publication in at least one newspaper of general 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 sha ll not be construed as authorizing the Commission to change 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, 2023. 59-1-688 MR 1/19/2023 10:47:47 AM