1 STATE OF OKLAHOMA
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2 1st Session of the 59th Legislature (2023)
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3 SENATE BILL 1015 By: Kidd
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6 AS INTRODUCED
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7 An Act relating to the Oklahoma Farmed Cervidae Act;
7 defining certain term; prohibiting certain wildlife
8 propagation and holding; requiring certain licensing
8 by the Oklahoma Department of Agriculture, Food, and
9 Forestry; requiring certain proof submission;
9 authorizing certain inspection authority;
10 establishing certain license fee; providing certain
10 expiration guidelines; authorizing certain rule
11 promulgation authority; amending 29 O.S. 2021,
11 Section 4-106, which relates to licenses; modifying
12 certain license descriptions; removing certain
12 inspection authority; removing certain license fees;
13 modifying certain rule promulgation authority;
13 providing for codification; and declaring an
14 emergency.
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16 BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
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17 SECTION 1. NEW LAW A new section of law to be codified
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18 in the Oklahoma Statutes as Section 6-517 of Title 2, unless there
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19 is created a duplication in numbering, reads as follows:
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20 A. For purposes of this section, “commercial harvesting
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21 facility” means a privately or publicly owned premises managed or
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22 engaged on a business basis for the harvesting or hunting of legally
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23 acquired and privately owned cervidae, to include whitetail deer,
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24 mule deer or elk, cervidae hybrids, turkey, exotic species, and
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 1 exotic hybrid species for barter, the offer to sell, or for the
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2 possession with intent to sell for profit or monetary gain.
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3 B. No person may propagate or hold in captivity any wildlife
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4 belonging to the state. A commercial harvesting license shall be
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5 issued by the Oklahoma Department of Agriculture, Food, and Forestry
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6 to a commercial harvesting facility that applies for the commercial
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7 harvesting license if that commercial harvesting facility complies
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8 with all applicable laws and rules governing the harvesting of
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9 legally acquired cervidae, to include whitetail deer, mule deer and
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10 elk, cervidae hybrids, turkey, exotic species, and exotic hybrid
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11 species harvested in a commercial harvesting facility.
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12 C. Before obtaining a commercial harvesting facility license or
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13 renewal the applicant shall submit proof that any additional animals
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14 have been secured from a source other than wild stock of this state.
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15 D. The Secretary of Agriculture, State Veterinarian, or their
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16 designees shall have the authority to inspect a commercial
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17 harvesting facility and its operations at any time if there is
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18 probable cause that a violation has occurred. All other inspections
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19 shall require prior notice as determined in the rule promulgation by
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20 the Oklahoma Department of Agriculture, Food, and Forestry.
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21 E. The annual fee for a commercial harvesting facility license
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22 shall be Three Hundred Dollars ($300.00).
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 1 F. All licenses issued pursuant to this section shall expire
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2 August 31 of each year and shall replace those issued previously
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3 pursuant to Section 4-106 of Title 29 of the Oklahoma Statutes.
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4 G. The Oklahoma Department of Agriculture, Food, and Forestry
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5 shall promulgate rules as necessary pursuant to the commercial
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6 harvesting license outlined in this section.
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7 SECTION 2. AMENDATORY 29 O.S. 2021, Section 4-106, is
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8 amended to read as follows:
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9 Section 4-106. A. No person may propagate or hold in captivity
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10 any wildlife or domesticated animals hunted for sport for commercial
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11 hunting area purposes without having procured a license from the
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12 Director of the Department of Wildlife Conservation. Licenses shall
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13 be classified as big game, upland game, or a combination of big game
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14 and upland game.
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15 1. A big game license commercial harvesting license, as created
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16 in Section 1 of this act, shall be required for legally acquired
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17 exotic ungulates, domesticated animals so designated by the Oklahoma
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18 Wildlife Conservation Commission, exotic swine, and legally acquired
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19 whitetail and mule deer, turkey and other species of big game
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20 lawfully taken under the provisions of subsection A of Section 5-411
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21 and Section 5-401 of this title. Wildlife that has been crossbred
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22 with exotic wildlife shall be considered native and not exotic
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23 unless documentation shows otherwise.
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 1 2. An upland game license shall be required for legally
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2 acquired captive-raised pheasants, all species of quail, Indian
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3 chukars, water fowl, and other similar or suitable gallinaceous
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4 birds; and shall include turkey if no other big game species are
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5 listed on the license/application.
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6 B. Before obtaining a license or a renewal of a license the
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7 applicant shall submit proof that such wildlife or domesticated
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8 animals hunted for sport will be or have been secured from a source
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9 other than the wild stock in this state. Any person obtaining or
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10 renewing a license shall submit a true and complete inventory of
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11 said animals before a license shall be approved. Each license shall
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12 specifically list the different species and/or subspecies to be
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13 hunted on the listed hunting area or premises.
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14 C. Any game warden of the Oklahoma Department of Wildlife
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15 Conservation shall have authority to inspect any and all records and
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16 invoices pertaining to the commercial hunting operations of any
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17 person licensed or requesting licensure pursuant to this section and
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18 additionally shall have the authority to inspect any and all
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19 facilities, equipment and property connected to the hunting
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20 operation of any person licensed or requesting licensure pursuant to
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21 this section.
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22 D. 1. The annual fee for a commercial hunting area license for
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23 upland game under this section shall be One Hundred Dollars
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24 ($100.00).
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 1 2. The annual fee for a commercial hunting area license for:
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2 a. big game pursuant to this section shall be Two Hundred
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3 Fifty Dollars ($250.00), or
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4 b. a combination of big game and upland game pursuant to
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5 this section shall be Three Hundred Fifty Dollars
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6 ($350.00).
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7 E. All licenses issued pursuant to this section shall expire on
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8 June 30 of each year.
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9 F. D. Exemptions from this license requirement shall be
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10 operators of running pens used for the performance test or training
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11 of dogs. Operators of such running pens may acquire coyotes from
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12 wild stock without having to possess a fur dealer’s license for such
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13 purpose and no license shall be required of those involved in
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14 performance testing or training dogs in such running pens so long as
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15 no other wildlife are taken or hunted in any manner.
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16 G. E. Any person convicted of violating the provisions of this
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17 section shall be punished by a fine of not less than Five Hundred
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18 Dollars ($500.00) nor more than One Thousand Five Hundred Dollars
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19 ($1,500.00), or by imprisonment in the county jail not to exceed
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20 sixty (60) days, or by both such fine and imprisonment.
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21 H. F. Any person convicted of violating the provisions of this
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22 section shall have the commercial hunting area license revoked. No
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23 new license shall be issued for a period of six (6) months from and
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24 after the date on which the revocation order becomes effective.
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 1 I. G. The Department is authorized to promulgate rules
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2 pertaining to commercial hunting areas this section.
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3 SECTION 3. It being immediately necessary for the preservation
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4 of the public peace, health or safety, an emergency is hereby
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5 declared to exist, by reason whereof this act shall take effect and
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6 be in full force from and after its passage and approval.
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8 59-1-988 JES 1/19/2023 12:26:28 PM
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