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STATE OF OKLAHOMA
1st Session of the 59th Legislature (2023)
COMMITTEE SUBSTITUTE
FOR
SENATE BILL 922 By: Stephens
COMMITTEE SUBSTITUTE
An Act to conditions of fish and wildlife; amending
29 O.S. 2021, Section 5-401, which relates to the
Oklahoma Wildlife Conservation Commission ; requiring
a certain number of tags to be issued to Oklahoma
residents; updating statutory language; and providing
an effective date.
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1. AMENDATORY 29 O.S. 2021, Section 5 -401, is
amended to read as follows:
Section 5-401. A. The Oklahoma Wildlife Conservation
Commission is authorized to declare an open season on wildlife in
any counties or parts of c ounties 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 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
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citizen’s hunting days. During thos e two (2) days only legal
residents of Oklahoma this state 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 permitted 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
open season to procure, under ru les 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
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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 Oklahoma 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 existen ce of a normal 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 sh all prevail 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 the state.
I. For seasons governed by a mechanism e mployed by the
Commission to limit the number of tags issued for specific game in
this state, ninety percent (90%) of the total number of issued tags
shall go to residents of this state 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
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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 statewide,
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 hearing 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 sha ll, by administrative 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 th e wildlife species affected in any area or
areas covered by the notice of meeting and hearing, except as
otherwise set by the Legislature.
J. K. Such administrative order shall take effect after
publication in at least one newspaper of general state circu lation,
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
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authorizing the Commission to change any penalty fo r violating any
game law or regulation or change the amount of any license
established by the Legislature.
SECTION 2. This act shall become effective November 1, 2023.
59-1-1860 MR 2/13/2023 11:47:16 AM