Oklahoma 2025 Regular Session

Oklahoma Senate Bill SB777 Compare Versions

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3		-	ENGR. S. B. NO. 777 Page 1 1
	3	+	SENATE FLOOR VERSION - SB777 SFLR Page 1
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28		-	ENGROSSED SENATE
29		-	BILL NO. 777 By: Jett of the Senate
	29	+	SENATE FLOOR VERSION
	30	+	February 10, 2025
	31	+	AS AMENDED
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31		-	and
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33		-	West (Rick) of the House
	33	+	SENATE BILL NO. 777 By: Jett
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38		-	An Act relating to wildlife; amending 2 O.S. 2021,
39		-	Section 6-313, which relates to commingling with wild
40		-	aquatic species; prohibiting certain sales; allowing
41		-	certain harvest under certain conditions; authorizing
42		-	the Department of Wildlife Conservation to manage
43		-	certain conditions for certain possession; allowing
44		-	the Department to manage certain transactions;
45		-	providing for promulgation of rules; allowing the
46		-	Oklahoma Department of Agriculture, Food, and
47		-	Forestry to assess certain import fees under certain
48		-	circumstances; requiring each shipment to possess
49		-	certain certificate; amending 29 O.S. 2021, Section
50		-	2-115, which relates to definition of game fish;
51		-	expanding definition; and providing an effective
52		-	date.
	38	+
	39	+	[ wildlife - harvesting - sales - game fish -
	40	+	repealer - effective date ]
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56	45		BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
57	46		SECTION 1. AMENDATORY 2 O.S. 2021, Section 6 -313, is
58	47		amended to read as follows:
59	48		Section 6-313. A. All catfish, minnows, fingerlings, fish,
60	49		frogs, and other aquatic species which are legally produced,
61		-	pursuant to the provisions of this act Sections 6-311 through 6-317
62		-	of this title, shall be confined to the lands and waters of the
63		-	licensee in such a manner so as to prohibit:
	50	+	pursuant to the provisions of this act, shall be confined to the
	51	+	lands and waters of the licensee in such a manner so as to prohibit:
64	52		1. Contact with wild fish or other aquatic species in public
65	53		waters; and
	54	+	2. Such wild fish or other aquatic species in from being
	55	+	commercially harvested from public waters from and becoming a part
	56	+	of the commercial production sold as a wild-born commodity. As used
	57	+	in this paragraph, “wild-born” means wild fish or aquatic species
	58	+	born in public waters and not introduced though aquaculture.
	59	+	B. 1. Except as otherwise provided by this subs ection, the
	60	+	Oklahoma Department of Agriculture, Food, and Forestry shall not
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92		-	2. Such wild fish or other aquatic species in from being
93		-	commercially harvested from public waters from and becoming a part
94		-	of the commercial production sold as a wild-born commodity. As u sed
95		-	in this paragraph, “wild-born” means wild fish or aquatic species
96		-	born in public waters and not introduced though aquaculture .
97		-	B. 1. Except as otherwise provided by this subsection, the
98		-	Oklahoma Department of Agriculture, Food, and Forestry shall not
99		-	restrict the manner in which persons, l icensed pursuant to this act
100		-	Sections 6-311 through 6-317 of this title, gather or impound
101		-	aquatic species raised within the impoundments in their commercial
102		-	operations.
	88	+	restrict the manner in which persons, licensed pursuant to this act,
	89	+	gather or impound aquatic species raised within the impoundments in
	90	+	their commercial operations.
103	91		2. No person shall sell or attempt to sell game fish and/or
104	92		paddlefish obtained from public waters that have been commingled
105	93		with privately produced fish subject to the provisions of this act
106		-	Sections 6-311 through 6-317 of this title regarding the capture of
107		-	wild fish or aquatic species for direct s ale. A licensed producer
108		-	may collect both game fish and nongame fish broodstock from public
109		-	waters using any legal means of take for use in propagation of fish
110		-	only in a recirculating aquaculture system up to, but not exceeding,
111		-	the normal possession limi t for a person holding a recreational
112		-	fishing license; provided, that the licensed producer complies with
113		-	all applicable terms set forth by the Department of Wildlife
114		-	Conservation. Additionally, such individual broodstock may not be
115		-	sold and cannot be rel eased back into the wild. Production of fish
	94	+	capture wild fish or aquatic species for direct sale. Licensed
	95	+	producers may harvest both game fish and nongame fish from public
	96	+	waters for use in aquaculture; provided, that the licensed producer
	97	+	complies with all applicable regulat ions set forth by the Department
	98	+	of Wildlife Conservation .
	99	+	C. No licensee may receive, free of ch arge, any catfish,
	100	+	minnow, fingerling, fish, frog or other aquatic species from the
	101	+	state or federal government.
	102	+	SECTION 2. AMENDATORY 29 O.S. 2021, Section 2 -115, is
	103	+	amended to read as follows:
	104	+	Section 2-115. “Game fish” is a fish normally sought after by
	105	+	sportsmen, and includes only largemouth bass, smallmouth bass, white
	106	+	bass, spotted bass, black crappie, white crappie, northern pi ke,
	107	+	trout, sauger, saugeye, striped bass, hybrid striped bass, walleye,
	108	+	paddlefish, blue catfish and channel catfish. Blue catfish and
	109	+	channel catfish are herein defined to mean “forked tail” catfish.
	110	+	SECTION 3. REPEALER 29 O.S. 2021, Section 6 -303.1, is
	111	+	hereby repealed.
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142		-	species considered to be species of special concern, excluding
143		-	paddlefish (polyodon spathula), along with species prohibited under
144		-	agency rules and federal threatened and endangered species , is
145		-	prohibited.
146		-	C. No licensee may receive, free of charge, any catfish,
147		-	minnow, fingerling, fish, frog or other aquatic species from the
148		-	state or federal government Meat and any other finished products for
149		-	human consumption that result from fish spawned in a captive system
150		-	may be sold in this state or out of stat e; provided, that the
151		-	producer or seller obtains the necessary export permits. Live fish
152		-	of such propagations may also be sold subject to certain
153		-	restrictions as set forth by rule by the Department .
154		-	D. The Department may establish a process to facilitate
155		-	broodstock transactions between the state and licensed in -state
156		-	aquatic propagators. The Department is authorized to assess a fee
157		-	necessary to maintain such process and the oversight required for
158		-	broodstock transactions. Fees imposed shall be reasonable ,
159		-	accessible, and transparent, with clearly defined application
160		-	requirements, publicly available guidance, and established timelines
161		-	for application review and approval. The Department may promulgate
162		-	all rules necessary for the implementation of this subsection.
163		-	E. The Oklahoma Department of Agriculture, Food, and Forestry
164		-	may assess import fees for any entity selling live fish within this
165		-	state that does not possess a valid license for commercial
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192		-	production of aquatic species issued by the Oklahoma Depar tment of
193		-	Agriculture, Food, and Forestry along with an Oklahoma address
194		-	subject to regular inspections. Fees shall reflect the costs in -
195		-	state producers are subjected to when exporting to other states.
196		-	Each shipment shall include a valid Animal and Plant Health
197		-	Inspection Service health certificate.
198		-	SECTION 2. AMENDATORY 29 O.S. 2021, Section 2 -115, is
199		-	amended to read as follows:
200		-	Section 2-115. “Game fish” is a fish normally sought after by
201		-	sportsmen, and includes only largemouth bass, smallmouth bass, white
202		-	bass, spotted bass, black crappie, white crappie, northern pike,
203		-	trout, sauger, saugeye, striped bass, hybrid striped bass, walleye,
204		-	blue catfish and channel catfish. Blue catfish and c hannel catfish
205		-	are herein defined to mean “forked tail” catfish.
206		-	SECTION 3. This act shall become effective November 1, 2025.
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233		-	Passed the Senate the 27th day of March, 2025.
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237		-	Presiding Officer of the Senate
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240		-	Passed the House of Represe ntatives the ____ day of __________,
241		-	2025.
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245		-	Presiding Officer of the House
246		-	of Representatives
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	139	+	SECTION 4. This act shall become effecti ve November 1, 2025.
	140	+	COMMITTEE REPORT BY: COMMITTEE ON AGRICULTURE AND WILDLIFE
	141	+	February 10, 2025 - DO PASS AS AMENDED