1 STATE OF OKLAHOMA
2 1st Session of the 58th Legislature (2021)
3 HOUSE BILL 2214 By: McDugle
4
5
6 AS INTRODUCED
7 An Act relating to game and fish; requiring license,
permit or stamp issued by Oklahoma Wildlife
8 Conservation Commission to hunting or fishing;
requiring possession; directing the Commission to
9 promulgate rules to establish licenses; authorizing
certain discounts; requiring license for certain
10 wildlife activities; directing the Commission to
promulgate rules establishing licenses; providing
11 penalties for certain violations; amending 29 O.S.
2011, Section 4-101, as amended by Section 1, Chapter
12 341, O.S.L. 2013, 4-110, as last amended by Section
2, Chapter 229, O.S.L. 2017, 4-112, as last amended
13 by Section 3, Chapter 229, O.S.L. 2017, 4-132, as
amended by Section 120, Chapter 304, O.S.L. 2012, 4-
14 134, as amended by Section 121, Chapter 304, O.S.L.
2012 and 4-141 (29 O.S. Supp. 2020, Sections 4-101,
15 4-110, 4-112, 4-132 and 4-134), which relate to
licenses; eliminating hunting license expiration
16 dates; modifying license duplication fee; eliminating
fishing license exemptions; eliminating resident and
17 nonresident fishing license fees; eliminating fishing
license fee distribution requirements; eliminating
18 disability fishing license; directing the Commission
to promulgate rules; modifying fees and fines for
19 certain fishing violations; eliminating hunting
license exemptions; eliminating resident and
20 nonresident hunting license fees; eliminating hunting
license fee distribution requirements; directing the
21 Commission to promulgate rules; modifying fees and
fines for certain hunting violations; eliminating
22 wildlife habitat stamp; modifying Wildlife Land
Acquisition Fund contents; directing the Commission
23 to promulgate rules; modifying Wildlife Heritage Fund
contents; modifying Oklahoma Wildlife Land Fund
24 contents and expenditures; directing the Commission
Req. No. 5071 Page 1
1 to promulgate rules; amending 29 O.S. 2011, Section
5-203, which relates to carrying firearms while
2 training dogs; modifying requirements to carry
firearms in certain places while training dogs;
3 repealing 29 O.S. 2011, Sections 4-103, 4-103A, 4-
103B, 4-104, 4-104A, 4-105, 4-106, as last amended by
4 Section 2, Chapter 353, O.S.L. 2017, 4-107, 4-108, 4-
108A, 4-109, 4-111, as amended by Section 1, Chapter
5 132, O.S.L. 2015, 4-113, 4-113A, 4-113.1, Section 1,
Chapter 77, O.S.L. 2019, 4-114, as last amended by
6 Section 4, Chapter 229, O.S.L. 2017, 4-114, as
amended by Section 1, Chapter 112, O.S.L. 2014, 4-
7 115, 4-116, 4-117, 4-118, 4-119, 4-120, 4-121, 4-122,
4-123, 4-124, 4-128, 4-128.1, 4-129, 4-130, as
8 amended by Section 1, Chapter 235, O.S.L. 2018,
Section 1, Chapter 115, O.S.L. 2014, 4-136, as
9 amended by Section 1, Chapter 134, O.S.L. 2016, 4-
138, as amended by Section 1, Chapter 167, O.S.L.
10 2015, 4-140, as amended by Section 5, Chapter 229,
O.S.L. 2017, 4-143 and 4-144 (29 O.S. Supp. 2020,
11 Sections 4-106, 4-111, 4-113.2, 4-114, 4-114, 4-130,
4-135.1, 4-136, 4-138 and 4-140), which relate to
12 hunting and fishing licenses; providing for
codification; and providing an effective date.
13
14
15 BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
16 SECTION 1. NEW LAW A new section of law to be codified
17 in the Oklahoma Statutes as Section 4-301 of Title 29, unless there
18 is created a duplication in numbering, reads as follows:
19 A. Except as otherwise provided, no person may hunt, pursue,
20 trap, harass, catch, kill, take, or attempt to take in any manner,
21 use, have in possession, sell, or transport all or any portion of
22 any wildlife including fish, or enter any land owned, leased or
23 managed by the Department unless the person has first obtained a
24 license, permit or stamp from the Director or any authorized agents
Req. No. 5071 Page 2
1 of the Department of Wildlife Conservation. Each person shall have
2 the license, permit or stamp in their possession when hunting,
3 fishing, taking or transporting any wildlife, and when entering any
4 land owned, leased or managed by the Department.
5 B. The Oklahoma Wildlife Conservation Commission shall
6 prescribe, by rule, the form, type, design, manner of issuance and
7 the fee for these licenses, permits and stamps and any rules
8 necessary to implement the provisions of this section; provided that
9 the Commission shall offer, but not be limited to, a three-hundred-
10 sixty-five-day hunting and fishing license.
11 C. The Commission may, by rule or resolution, designate
12 discounts, sales or exemptions to any license, permit or stamp.
13 SECTION 2. NEW LAW A new section of law to be codified
14 in the Oklahoma Statutes as Section 4-302 of Title 29, unless there
15 is created a duplication in numbering, reads as follows:
16 A. Except as otherwise provided, no person may breed, possess
17 or raise, sell, buy, transport out of state, export, take for
18 commercial purposes any wildlife including fish, without having
19 first procured a license for such purposes from the Director of
20 Wildlife Conservation pursuant to the rules promulgated by the
21 Commission.
22 B. The Oklahoma Wildlife Conservation Commission shall
23 prescribe, by rule, the form, type, design, manner of issuance and
24
Req. No. 5071 Page 3
1 the fee for these licenses, permits and stamps; and any rules
2 necessary to implement the provisions of this section.
3 C. 1. Any person convicted of violating the provisions of this
4 section shall have the commercial license revoked and forfeit the
5 privileges provided by the license. No new license shall be issued
6 for a period of at least six (6) months from and after the date on
7 which the revocation order becomes effective.
8 2. Any person convicted of violating the provisions of this
9 section shall be punished by a fine of no less than One Thousand
10 Dollars ($1,000.00) or by imprisonment in the county jail for a
11 period not to exceed six (6) months, or by confiscation of gear, or
12 by a combination of fine, imprisonment, and confiscation.
13 SECTION 3. NEW LAW A new section of law to be codified
14 in the Oklahoma Statutes as Section 4-303 of Title 29, unless there
15 is created a duplication in numbering, reads as follows:
16 A. Except as otherwise provided in this title or in the
17 Oklahoma Farmed Cervidae Act, no person may breed or raise wildlife
18 for personal consumption or noncommercial purposes, or kill or
19 capture wildlife or take their nests or eggs for scientific purposes
20 without having first procured a license from the Director of
21 Wildlife Conservation.
22 B. The Oklahoma Wildlife Conservation Commission shall
23 prescribe, by rule, the form, type, design, manner of issuance and
24
Req. No. 5071 Page 4
1 the fee for these licenses, permits and stamps; and any rules
2 necessary to implement the provisions of this section.
3 C. 1. Any person convicted of violating the provisions of this
4 section shall have the noncommercial license revoked and forfeit the
5 privileges provided by the license. No new license shall be issued
6 for a period of at least six (6) months from and after the date on
7 which the revocation order becomes effective.
8 2. Any person convicted of violating the provisions of this
9 section shall be punished by a fine of not less than Fifty Dollars
10 ($50.00) nor more than Five Hundred Dollars ($500.00).
11 SECTION 4. AMENDATORY 29 O.S. 2011, Section 4-101, as
12 amended by Section 1, Chapter 341, O.S.L. 2013 (29 O.S. Supp. 2020,
13 Section 4-101), is amended to read as follows:
14 Section 4-101. A. All licenses and permits issued by the
15 Director of Wildlife Conservation, the Department of Wildlife
16 Conservation or by any of its agents shall be used only in
17 conformity with the provisions of this title and the rules
18 promulgated by the Oklahoma Wildlife Conservation Commission.
19 B. All persons making application for any licenses required by
20 this section shall produce a valid license to operate a motor
21 vehicle or other positive proof of identification, age and
22 residency, and any such license issued shall show such data as well
23 as the date and time of issuance.
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1 C. All licenses are nontransferable. No person shall alter,
2 change, lend or transfer any license. No person shall use or borrow
3 a license which has not been issued to that person by the Director,
4 the Department or by any of its agents pursuant to the provisions of
5 this section.
6 D. No person may engage in activities requiring a license
7 without that person's carrying such license on their person and
8 producing the same for an inspection upon the demand of any Oklahoma
9 citizen or game warden.
10 E. Any person required to produce a license must also identify
11 themselves as the person to whom such license was issued, and
12 failure or refusal to comply shall be deemed prima facie evidence of
13 a violation of this section.
14 F. Unless otherwise provided in this Code:
15 1. Hunting licenses issued pursuant to paragraph 1 of
16 subsection C and paragraphs 1 and 3 of subsection E of Section 4-112
17 of this title and paragraphs 1 and 3 of subsection B of Section 4-
18 113 of this title shall expire on December 31 of the year issued.
19 Hunting licenses issued pursuant to paragraph 2 of subsection C and
20 paragraphs 2 and 4 of subsection E of Section 4-112 of this title
21 and paragraphs 2 and 4 of subsection B of Section 4-113 of this
22 title shall expire on June 30 of the fiscal year issued. All other
23 licenses shall terminate December 31 for the year issued; and
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1 2. Any, any person convicted of violating any of the provisions
2 of this title may have any or all licenses held by that person or
3 the privilege of applying for, purchasing or exercising the benefits
4 conferred by the licenses revoked by the Department in accordance
5 with rules promulgated by the Commission or by a court of competent
6 jurisdiction for a period of not less than one (1) year. For
7 purposes of this paragraph, a court conviction, a plea of guilty, a
8 plea of nolo contendere, the imposition of a deferred or suspended
9 sentence by a court, or forfeiture of bond shall be deemed a
10 conviction.
11 G. Should any license or permit issued pursuant to Part 1 of
12 Article IV of this title be lost or destroyed, duplicates will be
13 issued by the Department at a fee of One Dollar and fifty cents
14 ($1.50) determined by the Commission.
15 H. Upon harvesting any whitetail or mule deer, or any other
16 wildlife where the hunter, according to Commission rules, is
17 required to check the wildlife in at a Department check station, the
18 taker of the wildlife shall:
19 1. Securely attach the name of the taker, time of harvest, date
20 of harvest and license number to the carcass of the wildlife;
21 2. Check in the carcass of the wildlife electronically using
22 the online check station provided on the official website of the
23 Oklahoma Department of Wildlife Conservation or as prescribed by
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1 rule of the Commission, within twenty-four (24) hours of leaving the
2 hunt area and in all cases prior to processing the carcass; and
3 3. Not remove evidence of the sex of the animal until after the
4 carcass of the animal has been checked in.
5 I. It shall be unlawful for any license or permit holder to
6 knowingly make a false statement or give false information to any
7 authorized hunter check station or to an authorized Department
8 employee when complying with the provisions of subsection H of this
9 section. Information which may be collected at a Department check
10 station shall include but not be limited to the name, address,
11 license or permit number and signature of the taker, the date, time,
12 county, method or weapon of the kill, sex and weight of carcass,
13 whether or not the animal was taken on public hunting land and if so
14 in what area, or any other information which may be required by the
15 Commission.
16 J. 1. Any person convicted of violating the provisions of this
17 section or of making a false statement or giving any false
18 information in order to acquire any license or permit, pursuant to
19 the provisions of this section, shall be punishable by a fine of not
20 less than One Hundred Dollars ($100.00) nor more than Two Hundred
21 Fifty Dollars ($250.00), or by imprisonment in the county jail for a
22 period not to exceed ten (10) days, or by both such fine and
23 imprisonment. Any person convicted of a second or subsequent
24 violation of the provisions of this section or of making a false
Req. No. 5071 Page 8
1 statement or giving any false information in order to acquire any
2 license or permit, pursuant to the provisions of this section, shall
3 be punishable by a fine of not less than Two Hundred Fifty Dollars
4 ($250.00) nor more than Seven Hundred Fifty Dollars ($750.00), or by
5 imprisonment in the county jail for a period not to exceed ten (10)
6 days, or by both such fine and imprisonment.
7 2. Any hunting or fishing license issued to a person by the
8 Department of Wildlife Conservation shall be automatically revoked
9 upon conviction of the person of violating the provisions of this
10 section. The revocation shall be for a period set by the court of
11 not less than one (1) year nor more than ten (10) years. If the
12 court does not set a period, the revocation shall be for one (1)
13 year from the date of the conviction. During this period of
14 revocation, the Department shall not issue the person a hunting or
15 fishing license. If the court does not set a revocation period, the
16 Department shall not issue that person a license within one (1) year
17 of the conviction of the person pursuant to this section. A person
18 who has a license or permit revoked pursuant to this section shall
19 surrender the revoked license or permit to the court. The court
20 shall send the Department of Wildlife Conservation the revoked
21 license and a copy of the judgment of conviction. For purposes of
22 this section, "conviction" shall include a plea of guilty or nolo
23 contendere to an offense or the imposition of deferred adjudication
24 for an offense.
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1 K. Any person who has had their license privileges revoked
2 shall not be entitled to purchase, apply for, or exercise the
3 benefits conferred by any license until the revocation period has
4 expired or the person has obtained approval from the Director. Any
5 person violating the provisions of this subsection, upon conviction,
6 shall be punished by a fine of not more than Five Hundred Dollars
7 ($500.00), or by imprisonment in a county jail for a term of not
8 more than ninety (90) days or by both the fine and imprisonment.
9 Upon conviction under this subsection, the previously granted
10 license revocation period shall be extended by two (2) additional
11 years.
12 SECTION 5. AMENDATORY 29 O.S. 2011, Section 4-110, as
13 last amended by Section 2, Chapter 229, O.S.L. 2017 (29 O.S. Supp.
14 2020, Section 4-110), is amended to read as follows:
15 Section 4-110. A. Except as otherwise provided in the Oklahoma
16 Wildlife Conservation Code, no person shall fish, pursue, harass,
17 catch, kill, take in any manner, use, have in possession, sell, or
18 transport all or any portion of fish without having first procured a
19 license for such from the Director or from any of the authorized
20 agents of the Department of Wildlife Conservation. The Wildlife
21 Conservation Commission may designate two (2) days per year in which
22 residents and nonresidents may fish without first procuring a
23 fishing license pursuant to the provisions of this section.
24
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1 B. The following legal residents of Oklahoma shall be exempt
2 from the annual fishing license requirements of subsection C of this
3 section and the following nonresidents shall be exempt from the
4 annual nonresident fishing licenses required pursuant to subsection
5 E of this section:
6 1. Legal residents under sixteen (16) years of age and
7