Title 29. Game and Fish
§291101. Short title.
This act shall be known and may be cited as the Oklahoma Wildlife Conservation Code, and is hereinafter referred to as "this Code."
Laws 1974, c. 17, § 1101, emerg. eff. April 8, 1974.
§292101. Definitions of words and phrases.
The following words and phrases when used in this Code shall, for the purposes of this Code, have the meanings respectively ascribed to them in this article, except where the context otherwise requires.
Laws 1974, c. 17, § 2101, emerg. eff. April 8, 1974.
§29-2-101.1. Animal.
"Animal" means an organism of the animal kingdom, as distinguished from the plant kingdom; including any part, product, egg, or offspring thereof, or the dead body parts thereof, excluding fossils.
Laws 1991, c. 182, § 1, eff. Sept. 1, 1991.
§292102. Bag limit.
"Bag limit" is the number of any kind of wildlife permitted to be taken in any one day or one open season, as the case may be.
Laws 1974, c. 17, § 2102, emerg. eff. April 8, 1974; Laws 1975, c. 48, § 1.
§292103. Buy.
"Buy" is to obtain an item by an exchange for consideration, and includes barter, offer to buy or the act of buying.
Laws 1974, c. 17, § 2103, emerg. eff. April 8, 1974.
§292104. Closed season.
"Closed season" is all other times than open season, and is the period during which protected wildlife may not be lawfully taken.
Laws 1974, c. 17, § 2104, emerg. eff. April 8, 1974.
§29-2-104.1. Commercial purposes.
"Commercial purposes" shall mean to manage on a business basis or engage in any transaction or exchange for consideration, including barter, the offer to sell or possession with intent to sell for profit, or monetary gain.
Laws 1991, c. 182, § 2, eff. Sept. 1, 1991.
§292105. Commission.
"Commission" is that body created and authorized by Article XXVI of the Oklahoma Constitution and refers to the Oklahoma Wildlife Conservation Commission.
Laws 1974, c. 17, § 2105, emerg. eff. April 8, 1974.
§292106. Commissioner.
"Commissioner" is an individual who is a member of the "Commission."
Laws 1974, c. 17, § 2106, emerg. eff. April 8, 1974.
§29-2-106.1. Day.
"Day" is a period of time consisting of twenty-four (24) hours from midnight to midnight.
Laws 1991, c. 182, § 3, eff. Sept. 1, 1991.
§29-2-106.1a. Computer-assisted remote control hunting.
“Computer-assisted remote control hunting” means the use of a computer or any other device, equipment, or software to remotely control the hunting, taking, or attempt to take wildlife.
Added by Laws 2008, c. 104, § 2, emerg. eff. May 2, 2008.
§292107. Department.
"Department" is that agency created and authorized by Article XXVI of the Oklahoma Constitution, which has charge of managing Oklahoma's wildlife and refers to the Oklahoma Department of Wildlife Conservation.
Laws 1974, c. 17, § 2107, emerg. eff. April 8, 1974.
§292108. Director.
"Director" is that official heading the "Department" and refers to the Oklahoma Wildlife Conservation Director, under Article XXVI of the Oklahoma Constitution.
Laws 1974, c. 17, § 2108, emerg. eff. April 8, 1974.
§29-2-108.1. Domesticated animal.
"Domesticated animal" means an animal kept for pleasure or for utility, that has adapted to life in association with and to the use of human beings, and shall not include animals which normally can be found in the wild state, unless specifically so designated by the Oklahoma Wildlife Conservation Commission.
Laws 1991, c. 182, § 4, eff. Sept. 1, 1991.
§292109. Endangered.
"Endangered" refers to any wildlife species or subspecies in the wild or in captivity whose prospects of survival and reproduction are in immediate jeopardy and includes those species listed as endangered by the federal government, as well as any species or subspecies identified as threatened by Oklahoma statute or Commission resolution.
Laws 1974, c. 17, § 2-109, emerg. eff. April 8, 1974; Laws 1985, c. 172, § 1, emerg. eff. June 18, 1985.
§29-2-109.1. Exotic wildlife.
"Exotic wildlife" includes any and all species of wildlife that are not indigenous to, or that may not be found in the wild in, the continental United States.
Laws 1991, c. 182, § 5, eff. Sept. 1, 1991; Laws 1993, c. 214, § 1, eff. Sept. 1, 1993.
§29-2-109.2. Exotic livestock.
"Exotic livestock" means commercially raised animals of the families bovidae, cervidae, anticopridae and ratites, and animals of the order Galliformes.
Added by Laws 1996, c. 7, § 3, emerg. eff. March 19, 1996.
§29-2-109.3. Exhibit.
“Exhibit” means to display a wild animal to members of the general public for any reason.
Added by Laws 2003, c. 188, § 1, eff. July 1, 2003.
§292110. Fishing.
"Fishing" is defined as the taking or attempting to take fish or other aquatic dwelling organisms by hook and line, seine, trap or such other means as may be designated as legal by the provisions of this Code or by the Oklahoma Wildlife Conservation Commission.
Laws 1974, c. 17, § 2110, emerg. eff. April 8, 1974.
§292111. Furbearer.
"Furbearer" is any animal whose fur or pelt has commercial value and includes specifically: beaver, badger, bobcat, fox, mink, muskrat, opossum, otter, raccoon, skunk and weasel.
Laws 1974, c. 17, § 2111, emerg. eff. April 8, 1974; Laws 1977, c. 171, § 1, eff. Oct. 1, 1977.
§292112. Gallinaceous game bird.
"Gallinaceous game bird" means a heavybodied, short, broad winged, fowllike bird commonly sought after by sportsmen and includes pheasant, prairie chicken, quail and turkey.
Laws 1974, c. 17, § 2112, emerg. eff. April 8, 1974.
§292113. Game.
"Game," when used alone, refers to mammals and birds and does not include fish.
Laws 1974, c. 17, § 2113, emerg. eff. April 8, 1974.
§292114. Game bird.
"Game bird" is a bird species normally sought after by sportsmen, and includes only all species of brant, cranes, doves, ducks, gallinules, geese, grouse, partridge, pheasant, quail, prairie chickens, rails, snipes, swans, tinamous, wild turkeys, woodcock, and any part thereof.
Laws 1974, c. 17, § 2114, emerg. eff. April 8, 1974; Laws 1992, c. 149, § 1, emerg. eff. April 30, 1992.
§292115. Game fish.
"Game fish" is a fish normally sought after by sportsmen, and includes only largemouth bass, smallmouth bass, white bass, spotted bass, black crappie, white crappie, northern pike, trout, sauger, saugeye, striped bass, walleye, blue catfish and channel catfish. Blue catfish and channel catfish are herein defined to mean "forked tail" catfish.
Laws 1974, c. 17, § 2115, emerg. eff. April 8, 1974; Laws 1991, c. 182, § 6, eff. Sept. 1, 1991; Laws 1992, c. 402, § 1, eff. Dec. 1, 1992.
§292116. Game mammal.
"Game mammal" is any mammalian species normally sought after by sportsmen and protected by this Code, or any part of such animal.
Laws 1974, c. 17, § 2116, emerg. eff. April 8, 1974.
§29-2-116.1. Game warden.
"Game warden" is a duly authorized employee of the Department whose primary duties are the enforcement of the wildlife conservation laws of Oklahoma. Whenever the word "ranger" appears in this title it shall have the same meaning as "game warden".
Laws 1991, c. 182, § 7, eff. Sept. 1, 1991.
§29-2-117. Headlighting.
"Headlighting" is the use of any light or light enhancement device commonly known as a nightscope in conjunction with a firearm, longbow or crossbow, from the period of sunset to sunrise for the taking of wildlife.
Added by Laws 1974, c. 17, § 2-117, emerg. eff. April 8, 1974. Amended by Laws 1998, c. 121, § 1, emerg. eff. April 15, 1998.
§292118. Hunting or taking.
"Hunting or taking" is pursuing, killing, capturing, trapping, snaring and netting wildlife, and all lesser acts such as disturbing, harrying, worrying or placing, setting, drawing or using any net, trap or other device used to take wildlife and includes specifically every attempt to take and every assistance to other persons in taking or attempting to take wild animals, except that the definitions of "taking" and "hunting" wildlife shall not include disturbing, harrying or worrying wild game in field trials or performance tests of dogs nor the act of any person in participating as owner, handler, trainer, official or member of an audience observing such trials, whether resident or nonresident, where wild game is not killed.
Laws 1974, c. 17, § 2118, emerg. eff. April 8, 1974.
§292119. Inhabited.
Occupied by a person as a place of settled residence.
Laws 1974, c. 17, § 2119, emerg. eff. April 8, 1974.
§292120. Lease.
"Lease" is a contractual relationship by which one party obtains a right to the possession and usage of a certain space, property, or subsurface rights for a definite period of time. In the event a person is permitted to come upon the land to perform some specific act, such as hunting, that individual has no "lease" but only "license" to do that act.
Laws 1974, c. 17, § 2120, emerg. eff. April 8, 1974.
§292121. Minnows.
"Minnows" are small nongame fish commonly used for bait and include bluntnose, bullhead minnows, chubs, dace, darters, fatheads, killifish, small carp, small goldfish, shiners and stonerollers.
Laws 1974, c. 17, § 2121, emerg. eff. April 8, 1974.
§29-2-121.1. Night or nighttime.
"Night" or "nighttime" means a period of time between sunset and sunrise.
Laws 1991, c. 182, § 8, eff. Sept. 1, 1991.
§29-2-121.2. Native wildlife.
"Native wildlife" means any and all species of wildlife that are indigenous to, or that may be found in the wild in, the United States.
Laws 1991, c. 182, § 9, eff. Sept. 1, 1991; Laws 1993, c. 214, § 2, eff. Sept. 1, 1993.
§292122. Nongame birds.
"Nongame birds" are all birds not game birds.
Laws 1974, c. 17, § 2122, emerg. eff. April 8, 1974.
§292123. Nongame fish.
"Nongame fish" are all fish not game fish.
Laws 1974, c. 17, § 2123, emerg. eff. April 8, 1974.
§292124. Nonresident.
A "nonresident" is any individual who is a resident of another state, or who has resided in Oklahoma less than sixty (60) days, whether or not he intends to make Oklahoma his home during that period.
Laws 1974, c. 17, § 2124, emerg. eff. April 8, 1974.
§292125. Noodling.
"Noodling" is the taking of fish by use of hands only.
Laws 1974, c. 17, § 2125, emerg. eff. April 8, 1974.
§292126. Open season.
"Open season" is that season during which protected wildlife may be lawfully taken and, in absence of statutes, is regulated by the Commission.
Laws 1974, c. 17, § 2126, emerg. eff. April 8, 1974.
§29-2-127. Other powerful light.
"Other powerful light" is any illuminating source or light enhancement device designed to be carried on one's person, including, but not limited to, flashlights, floodlights (spotlights), hand lanterns, carbide lamps, nightscopes, and/or similar lights carried on one's person and not designed to be attached to or a part of a motor vehicle or water conveyance.
Added by Laws 1974, c. 17, § 2-127, emerg. eff. April 8, 1974. Amended by Laws 1998, c. 121, § 2, emerg. eff. April 15, 1998.
§292128. Person.
"Person" is an individual, firm, corporation, association or partnership and includes agent, employee and principal.
Laws 1974, c. 17, § 2128, emerg. eff. April 8, 1974.
§292129. Possession.
"Possession" is the retention and control of the thing referred to and may be either actual or constructive possession.
Laws 1974, c. 17, § 2129, emerg. eff. April 8, 1974.
§292130. Predator.
"Predator" is any mammal or bird which preys upon another mammal or bird for food.
Laws 1974, c. 17, § 2130, emerg. eff. April 8, 1974.
§292131. Predatory bird.
"Predatory bird" is any bird which preys upon another bird or mammal for food, and includes specifically all eagles, falcons, hawks and owls.
Laws 1974, c. 17, § 2131, emerg. eff. April 8, 1974.
§292132. Predatory mammal.
"Predatory mammal" is any mammal which preys upon another mammal or bird for food, and includes only coyote and wolf.
Laws 1974, c. 17, § 2132, emerg. eff. April 8, 1974; Laws 1977, c. 171, § 2, eff. Oct. 1, 1977.
§29-2-132.1. Processed paddlefish eggs.
"Processed paddlefish eggs" are any eggs taken from paddlefish that have gone through a process which makes the eggs into the product caviar or into a caviar-like product.
Added by Laws 1998, c. 121, § 4, emerg. eff. April 15, 1998.
§292133. Protected wildlife.
"Protected wildlife" is all wildlife which is accorded some measure of protection in the time or manner of taking other than restrictions in the use of artificial lights or poison.
Laws 1974, c. 17, § 2133, emerg. eff. April 8, 1974.
§29-2-133.1. Public road.
"Public road" means any governmental or corporate roadway where ingress and egress by vehicular traffic is not restricted and the roadway is routinely used by the general public.
Added by Laws 1995, c. 199, § 1, emerg. eff. May 19, 1995.
§29-2-134. Repealed by Laws 1991, c. 182, § 68, eff. Sept. 1, 1991.
§292135. Threatened.
"Threatened" refers to any wildlife species or subspecies in the wild or in captivity that, although not presently threatened with extinction, are in such small numbers throughout their range that they may become an endangered species within the foreseeable future or that they may be endangered if their environment deteriorates. Threatened species and subspecies include those species and subspecies listed as "threatened" by the federal government as well as any species or subspecies identified as threatened by Oklahoma statutes or Commission resolution.
Laws 1974, c. 17, § 2-135, emerg. eff. April 8, 1974; Laws 1985, c. 172, § 2, emerg. eff. June 18, 1985.
§292136. Regulation.
"Regulation" refers to an instrument which is legislative in nature, is of general effect, has statewide application, is either substantive or procedural, and which is promulgated pursuant to the Administrative Procedures Act.
Laws 1974, c. 17, § 2136, emerg. eff. April 8, 1974; Laws 1991, c. 182, § 10, eff. Sept. 1, 1991.
§292137. Reservoir.
"Reservoir" is defined as a body of water formed by an impounding dam structure, the size of which shall be designated by the surface at water supply, conservation, designated or power pool elevation as indicated by the governing agency.
Laws 1974, c. 17, § 2137, emerg. eff. April 8, 1974.
§29-2-138. Resident.
"Resident" is any individual who has an established bona fide or actual residence in Oklahoma for a period of not less than sixty (60) consecutive days immediately preceding the date the application for a license, permit, stamp, or any other issue of the Department is submitted. The burden of establishing proof of residency shall be on the person claiming residency status. A person holding a valid driver license or permit to operate a motor vehicle shall be deemed to be a resident of the state issuing the license or permit. For a valid Oklahoma driver license to be used as the sole source of proof of residency, it shall have been issued not less than sixty (60) days prior to submission of the application. If a person does not hold a valid Oklahoma driver license, the Department may consider other reliable documentation for establishing proof of residency including, but not limited to, property tax receipts, resident income tax returns, voter registration, motor vehicle or vessel registrations, and other public records documenting residence. Residency status of children under eighteen (18) years of age is presumed to be that of the custodial parent or legal guardian unless otherwise documented. Ownership or possession of real property in the state by a person residing outside the state shall not qualify the person as a resident. A person shall not be entitled to claim multiple states of residence, except as follows:
1. A person who is not otherwise a resident of the state and is a member of the Armed Forces of the United States and is on active duty and permanently assigned to a military installation located in the state shall be eligible to qualify as a resident if the person presents with the license application a certificate of assignment in the state from a commanding officer or designated representative. A spouse or dependent of the person who is not otherwise a resident of the state, is living within the same household and is similarly certified by a commanding officer, shall also be eligible to qualify as a resident; and
2. The residency of a person shall not terminate upon entering the Armed Forces of the United States. A person on active duty who resided in the state upon entering military service, and any dependents of the person, is presumed to retain residency status in the state as long as the person is on active duty and maintains Oklahoma as their official “state of residence” or “home of record”, as shown on current leave and earnings statement.
The residency status of any person, including a member of the Armed Forces of the United States, shall terminate if the person obtains any resident hunting, fishing, trapping license or permit or valid driver license issued by another state.
Added by Laws 1974, c. 17, § 2-138, emerg. eff. April 8, 1974. Amended by Laws 2007, c. 44, § 1, emerg. eff. April 24, 2007.
§292139. Safety zone.
"Safety zone" is only that water area below any dam for the distance of fifty (50) yards from the base of the dam; or, if there is a turbine outlet extending from the dam, then the area between the base of the dam and the furthermost point of the turbine outlet. In no instance shall this zone include the land adjacent to those waters.
Laws 1974, c. 17, § 2139, emerg. eff. April 8, 1974.
§292140. Sell or sale.
"Sell or sale" is to exchange for consideration and includes barter, the offer to sell or possession with intent to sell.
Laws 1974, c. 17, § 2140, emerg. eff. April 8, 1974.
§292141. Shall.
"Shall" is used in this Code as imposing an obligation to act.
Laws 1974, c. 17, § 2141, emerg. eff. April 8, 1974.
§292142. Tailwater.
"Tailwater" is the first one thousand (1,000) feet of stream below the base of the reservoir dam.
Laws 1974, c. 17, § 2142, emerg. eff. April 8, 1974.
§292143. Transport.
"Transport" is the carrying or moving by any means, causing to be carried or moved by any means, or accepting and receiving wildlife for such carrying or movement.
Laws 1974, c. 17, § 2143, emerg. eff. April 8, 1974.
§292144. Trap.
"Trap" or "trapping" is the use of traps, nets, snares, deadfalls or other devices used for the purpose of killing, capturing, netting or ensnaring any wildlife.
Laws 1974, c. 17, § 2144, emerg. eff. April 8, 1974.
§292145. Upland game.
"Upland game" is all game that does not normally live near water, and includes only squirrels, rabbits, quail, pheasant, partridge, grouse, prairie chicken, wild turkey, deer, elk and antelope.
Laws 1974, c. 17, § 2145, emerg. eff. April 8, 1974.
§292146. Vehicle mounted spotlight.
"Vehicle mounted spotlight" is any light attached to a motor vehicle or water conveyance or of the type designed to be so attached.
Laws 1974, c. 17, § 2146, emerg. eff. April 8, 1974.
§292147. Waters of this state.
"Waters of this state" shall mean any river, stream, creek, bayou, oxbow and any impoundment constructed with public funds, provided, that impoundments constructed on private lands under the watershed protection and flood prevention programs of the U. S. Department of Agriculture, Soil Conservation Service, shall not be included as waters of this state.
Laws 1974, c. 17, § 2147, emerg. eff. April 8, 1974.
§29-2-148. Repealed by Laws 1991, c. 182, § 68, eff. Sept. 1, 1991.
§29-2-148.1. Wild.
"Wild" means any wildlife, whether or not raised in captivity, that normally are found in a state of nature.
Laws 1991, c. 182, § 11, eff. Sept. 1, 1991.
§29-2-149. Repealed by Laws 1991, c. 182, § 68, eff. Sept. 1, 1991.
§29-2-149.1. Wildlife.
"Wildlife" means all wild birds, mammals, fish, reptiles, amphibians and other wild aquatic forms, and all other animals which normally can be found in the wild state, regardless of classification, whether resident, migratory or imported, protected or unprotected, dead or alive, and shall extend to and include any and every part of any individual species of wildlife, whether or not bred, hatched, or born in captivity, and including any part, product, egg, or offspring thereof.
Laws 1991, c. 182, § 12, eff. Sept. 1, 1991.
§293101. Creation of Department and Commission - Rules, regulations and policies - Successor of former Commission and Department.
A. There is hereby created a Department of Wildlife Conservation and a Wildlife Conservation Commission in and for the State of Oklahoma, under Section 1, Article XXVI, of the Constitution of the State of Oklahoma, and such Department shall be governed by the State Wildlife Conservation Director, which position is created in Section 3104 of this Code, under such rules, regulations and policies as may be prescribed by the Commission. Such rules and regulations and amendments thereto, as adopted by the Commission, shall be filed and recorded in the office of the Secretary of State.
B. The Department, Commission and the officers thereof, as herein set forth, are hereby made the legal successors of the Wildlife Conservation Department and Commission created by Section 1, Article XXVI of the Oklahoma Constitution and enacted by Section 122, Title 29, Oklahoma Statutes 1957. Such Department, Commission and the officers thereof are hereby empowered to take charge of records, books, papers, information, property, funds, obligations and appropriations now in the possession of the former Wildlife Department and Commission and shall perform all duties now enjoined upon such former Department and Commission.
Laws 1974, c. 17, § 3101, emerg. eff. April 8, 1974.
§293102. Members of Commission - Appointment and confirmation - Eligibility - Term - Travel expenses.
A. The Commission shall consist of one member from each of eight districts of the state, such districts to include the areas as follows:
District No. 1: Ottawa, Delaware, Craig, Mayes, Nowata, Rogers, Washington, Tulsa, Pawnee and Osage Counties.
District No. 2: Adair, Sequoyah, Cherokee, Wagoner, Muskogee, Haskell, McIntosh and Okmulgee Counties.
District No. 3: LeFlore, Latimer, Pittsburg, Atoka, Pushmataha, McCurtain, Choctaw, Bryan, Marshall, Carter and Love Counties.
District No. 4: Creek, Lincoln, Okfuskee, Seminole, Pottawatomie, Pontotoc, Hughes, Johnston and Coal Counties.
District No. 5: Logan, Oklahoma, Cleveland, McClain, Garvin, Murray and Payne Counties.
District No. 6: Blaine, Kingfisher, Canadian, Caddo, Grady, Comanche, Stephens, Jefferson and Cotton Counties.
District No. 7: Ellis, Dewey, Roger Mills, Custer, Beckham, Washita, Kiowa, Greer, Jackson, Harmon and Tillman Counties.
District No. 8: Cimarron, Texas, Beaver, Harper, Woodward, Woods, Major, Alfalfa, Grant, Garfield, Kay and Noble Counties.
B. Each Commissioner shall be appointed by the Governor of the State of Oklahoma, by and with the consent of the State Senate of the State of Oklahoma, and shall be removed only for cause, as provided by law for the removal of officers not subject to impeachment, pursuant to Sections 1181 through 1197 of Title 22 of the Oklahoma Statutes.
C. The term of office of each such member shall be eight (8) years, except that the first appointed members shall hold office for terms as follows: the member appointed from District No. 1 shall hold office until July 1 following his appointment, and the members appointed from Districts 2, 3, 4, 5, 6, 7 and 8 shall hold office until July 1 of the second, third, fourth, fifth, sixth, seventh and eighth succeeding calendar years, respectively. In the event the Governor fails to fill a vacancy within thirty (30) days following such vacancy, the remaining members of the Commission may appoint a qualified person to fill such vacancy for the unexpired portion of the term.
D. The members of the Commission shall be allowed travel expenses as provided in the State Travel Reimbursement Act.
Laws 1974, c. 17, § 3-102, emerg. eff. April 8, 1974; Laws 1978, c. 86, § 1; Laws 1985, c. 178, § 14, operative July 1, 1985.
§29-3-103. Functions, powers and duties of the Commission.
A. The Wildlife Conservation Commission shall constitute an advisory, administrative and policymaking board for the protection, restoration, perpetuation, conservation, supervision, maintenance, enhancement, and management of wildlife in this state as provided in the Oklahoma Wildlife Conservation Code.
B. The Director shall consult with the Commission regarding the administration of the affairs of the Department of Wildlife Conservation. The Commission is authorized and empowered to require from the Director complete reports and information relative to the affairs of the Department at the time and in the manner the Commission may deem advisable.
C. The Commission shall meet on the first Monday in each month in regular session and in special sessions as may be called by the Chair or a majority of the Commission. The Commission may hold any regular or special session at any location within this state. Should a location be chosen other than Commission headquarters in Oklahoma City for a regular or special meeting, notice shall be posted at Commission headquarters in Oklahoma City and advertised in the local newspaper of the city in which the meeting is to be held, at least one time during each of the two (2) weeks prior to the meeting. The advertisements shall include time, date, and address of location of the meeting.
D. In addition to the other powers and duties prescribed by law, the Commission shall:
1. Institute an affirmative action plan for hiring women and minorities throughout the agency;
2. Elect a chair, vice-chair, and secretary, who shall perform the duties required of them by statutes, rules of the Commission, and the Constitution of the State of Oklahoma. The chair, vice-chair, and secretary shall receive no extra compensation;
3. Appoint a Director, and determine the qualifications of the Director and all assistants and employees. A Commissioner shall not be eligible for employment in any position within the Department;
4. Prescribe rules and policies for the transaction of its business and the control of the Department;
5. Develop and implement a plan to provide step raises for Commission employees so that discrepancies of pay levels within a pay grade are eliminated;
6. Acquire by purchase, lease, gift, or devise, waters, real property, and personal property incident to the exercise of its functions and to maintain, operate, and dispose of the same;
7. Acquire real property by condemnation only when the Attorney General or other counsel deems it an appropriate means of clearing title from willing or unavailable sellers;
8. Supervise the establishment, extension, improvement, and operation of the wildlife refuges, propagation areas or stations, public hunting areas, public fishing areas, game management areas, and fish hatcheries;
9. Prescribe the manner of cooperation with the Oklahoma Tourism and Recreation Department, colleges and universities within the state, other state agencies, any agency of the federal government, and any city, town, school district, or any other agency or organization in study of conservation and propagation of wildlife and in the establishment, maintenance, and operation of visual educational facilities, recreational facilities, and hunting and fishing facilities, in the study and propagation of wildlife;
10. Supervise the letting of all contracts and purchases for the Department, with all purchases of personal property to be made through the Department of Central Services;
11. Authorize all claims or expenditures prior to incurring payment except as otherwise provided in this Code;
12. Prescribe rules on the use of Department-owned vehicles by the Director, department heads and other essential employees as the Commission deems necessary in order to perform their duties;
13. Prescribe rules for the sale of all regular or special licenses;
14. Publicize and encourage the conservation and appreciation of wildlife and all other natural resources;
15. Regulate the seasons and harvest of wildlife;
16. Promulgate rules to sell fishing and hunting licenses via the Internet;
17. Annually report to the Governor and the Legislature on the complete operation, activities, and plans of the Department, together with such recommendations for future activities as the Commission may deem to be in the best interest of the state; and
18. Provide the Governor and the Legislature with an annual inventory of all property and equipment.
Added by Laws 1974, c. 17, § 3-103, emerg. eff. April 8, 1974. Amended by Laws 1983, c. 304, § 9, eff. July 1, 1983; Laws 1990, c. 193, § 1, emerg. eff. May 7, 1990; Laws 1991, c. 262, § 1; Laws 1994, c. 318, § 1, emerg. eff. June 8, 1994; Laws 1995, c. 255, § 1, eff. July 1, 1995; Laws 1996, c. 7, § 4, emerg. eff. March 19, 1996; Laws 2001, c. 77, § 1, eff. Nov. 1, 2001; Laws 2006, c. 138, § 11, eff. Nov. 1, 2006.
§29-3-103a. Special permits for designated species.
The Wildlife Conservation Commission may, by order, authorize the Department of Wildlife Conservation to issue, in addition to regular permits issued under this title, up to five (5) special permits each year for designated species. The special permits shall be sold at public auction or by sealed bid. The Department may contract with nonprofit organizations or charitable causes to conduct the public auctions.
Added by Laws 1998, c. 46, § 1, eff. Nov. 1, 1998.
§293104. Director of Wildlife Conservation - Creation of office.
There is hereby created the office of Director of Wildlife Conservation, under Section 3, Article XXVI of the Constitution of the State of Oklahoma, to be appointed by a majority vote of the entire Commission, who shall be removed only for cause and after public hearing by the Commission. His duties and compensation for his services shall be fixed by a majority vote of the entire Commission.
Laws 1974, c. 17, § 3104, emerg. eff. April 8, 1974.
§29-3-105. Powers and duties of the Director - Succession of interest.
A. Immediately upon the appointment of the Director, he shall become vested with the duties and powers of the management and control of the Department under such provisions, orders, rules and regulations as may be prescribed by the Commission, and in addition thereto shall have the following specific powers and duties:
1. To manage and control, under the supervision of the Commission, all wildlife refuges and real or personal properties which are held, operated or maintained by the Department.
2. To appoint and employ such assistants, department heads, rangers, clerical help and other employees as the Commission may deem necessary, subject to the approval of the Commission. The Director shall fix and determine the salaries and wages to be paid under and subject to the rules and regulations as promulgated by the Commission; and the Director shall supervise and direct all employees of either the Commission or the Department and may suspend, discharge, station or transfer them at any time that, in his judgment, the Commission or the state will be best served thereby.
3. To approve or disapprove and pay all legal claims for services rendered or expenses incurred by rangers and other employees of the Department in accordance with the schedules therefor and the rules and regulations previously adopted by the Commission.
4. To establish and maintain a proper system of bookkeeping and accounting under the supervision of the State Auditor and Inspector.
5. To promote and manage wildlife propagation by raising and distributing the same over the state at the direction of the Commission; to capture, propagate, transport, buy, sell or exchange any species of fish, game, furbearing animals and protected birds needed for stocking the lands or waters of the state; and to feed, provide and care for such fish, animals and birds.
6. To make a complaint and cause proceedings to be commenced against any person for violation of any of the laws for the conservation of wildlife with the sanction of the district attorney of the county in which such proceedings are brought, and shall not be required to give security for costs. The Director may also appear in behalf of the people in any court of competent jurisdiction in any prosecution for a violation of any of the laws for the protection of wildlife, and may prosecute the same in the same manner and with the same authority as the district attorney of the county where such proceedings are pending in cases where such attorney is unable to be present or refuses to prosecute such case.
7. To make emergency purchases of equipment, materials and supplies under rules and regulations prescribed by the Commission.
B. All duties and authority imposed or conferred upon the former Wildlife Conservation Director by any statute, rule or regulation of the Commission are hereby imposed and conferred upon the Director until such time as the Commission or the Legislature shall, by appropriate measure, change such duties or authority imposed by said Commission.
Laws 1974, c. 17, § 3-105, emerg. eff. April 8, 1974; Laws 1979, c. 30, § 88, emerg. eff. April 6, 1979.
§29-3-201. Game wardens - Enforcement of laws - Operation of certain vehicles and vessels - Refusal to stop - Bribes.
A. All things being equal, veterans of World War II, the Korean, the Vietnam and Persian Gulf Wars shall be appointed as game wardens when vacancies occur.
B. All persons appointed game wardens shall be peace officers and have the full powers of peace officers of the State of Oklahoma in the enforcement of the provisions of this Code and are authorized to:
1. Enforce all state laws on Department-owned or Department-managed lands;
2. Enforce all other laws of this state;
3. Make arrests for wildlife conservation violations and nonconservation-related crimes with the same power and authority as sheriffs are vested with and in cooperation with other law enforcement officers and agencies;
4. Take into possession any and all protected wildlife, or any part thereof, killed, taken, shipped or in any possession contrary to the law, and the wildlife or parts thereof may be disposed of as determined by the Director or any court of competent jurisdiction;
5. Make a complaint and cause proceedings to be commenced against any person for violation of any of the laws for the protection and propagation of wildlife, with the sanction of the prosecuting or district attorney of the county in which the proceedings are brought, and shall not be required to give security for costs;
6. Be an authorized agent of the Commission or Department under Section 3-202 of this title in addition to duties as a game warden; and
7. Assist in enforcement of the state fire laws, upon request of the Oklahoma Department of Agriculture, Food, and Forestry.
C. 1. Pursuant to the provisions of this subsection, a game warden may operate a vehicle owned or leased by the Department upon a roadway during the hours of darkness without lighted headlamps, clearance lamps, or other illuminating devices. As used in this paragraph, “roadway” shall include any street or highway in this state except an interstate highway, a limited access highway, a state trunk highway, or any street or highway within the limits of an incorporated area.
2. Pursuant to the provisions of this subsection, a game warden may operate a vessel upon any waters of this state during the hours of darkness without the illuminating devices required by Section 4207 of Title 63 of the Oklahoma Statutes.
3. A game warden may operate a vehicle or vessel without the illuminating devices specified in this subsection only if the operation:
a. is made in the performance of the duties of the game warden pursuant to the provisions of the Code, and
b. (1) will aid in the accomplishment of a lawful arrest for any violation of the Oklahoma Wildlife Code or any rule or regulation promulgated thereto, or
(2) will aid in ascertaining whether a violation of the Oklahoma Wildlife Conservation Code or any rule or regulation promulgated thereto has been or is about to be committed.
D. Any person who refuses to stop a vehicle or boat when requested to do so by a game warden in the performance of the duties of the game warden is guilty of a misdemeanor and upon conviction is punishable by a fine of not less than One Hundred Dollars ($100.00) nor more than Five Hundred Dollars ($500.00).
E. Any game warden who solicits or accepts any bribe or money or other thing of value in connection with the performance of duty as a game warden shall be guilty of a felony and, upon conviction, shall be sentenced to a term not less than two (2) years nor more than seven (7) years in the custody of the Department of Corrections and shall be summarily removed from office.
Added by Laws 1974, c. 17, § 3-201, emerg. eff. April 8, 1974. Amended by Laws 1988, c. 208, § 1, eff. July 1, 1988; Laws 1989, c. 8, § 1, emerg. eff. March 27, 1989; Laws 1991, c. 182, § 13, eff. Sept. 1, 1991; Laws 1997, c. 133, § 442, eff. July 1, 1999; Laws 1999, 1st Ex. Sess., c. 5, § 326, eff. July 1, 1999; Laws 2003, c. 287, § 1, eff. July 1, 2003; Laws 2006, c. 138, § 12, eff. Nov. 1, 2006.
NOTE: Laws 1998, 1st Ex.Sess., c. 2, § 23 amended the effective date of Laws 1997, c. 133, § 442 from July 1, 1998, to July 1, 1999.
§293202. Authorized agents - Penalty for false representation.
A. No person shall represent himself to be an authorized agent of the Commission, the Department or the Director unless such person has been so appointed by written order of the Director or the Commission, which order shall specifically state the purpose and limits of authority to be exercised by such agent.
B. Any person so representing himself and who in fact is not duly appointed shall, upon conviction, be punished by a fine not less than One Hundred Dollars ($100.00) nor more than Five Hundred Dollars ($500.00) or by imprisonment in the county jail for a period not to exceed thirty (30) days, or by both such fine and imprisonment.
Laws 1974, c. 17, § 3202, emerg. eff. April 8, 1974; Laws 1991, c. 182, § 14, eff. Sept. 1, 1991.
§293203. Oaths of office - Bonds.
A. Oaths of office are required from the following and in the following order:
1. Each member of the Commission shall take the oath required of other state officers, under Section 36.2A of Title 51 of the Oklahoma Statutes;
2. Each game warden and any other employee the Commission deems necessary, at the time of his appointment, shall take and subscribe to an oath of office in a form to be determined by the Commission.
B. Bonds are required of the Director, each game warden and any other employee the Commission deems necessary. Each, at the time of his appointment, shall file with the Secretary of State a good and sufficient surety bond to the state, set in an amount determined by the Commission, conditioned upon the faithful performance of the duties of his office, and approved by the office of the Attorney General. The premium on such bonds shall be paid by the Department.
Laws 1974, c. 17, § 3203, emerg. eff. April 8, 1974; Laws 1991, c. 182, § 15, eff. Sept. 1, 1991.
§293204. Procedures.
The Commission shall operate under the provisions of the Oklahoma Administrative Procedures Act in adopting, amending or repealing any rule or regulation.
Laws 1974, c. 17, § 3204, emerg. eff. April 8, 1974.
§29-3-205. Repealed by Laws 1991, c. 182, § 68, eff. Sept. 1, 1991.
§29-3-205.2. Jurisdiction for commission of offense.
The jurisdiction for the commission of an offense of the Oklahoma Wildlife Conservation Code shall be in the county in which such offense occurred unless the wildlife offense is committed on the boundary of two or more counties, then the jurisdiction for the commission of an offense pursuant to the Oklahoma Wildlife Conservation Code shall be in either county. If the offense of the Oklahoma Wildlife Conservation Code is committed within five hundred (500) yards of the boundary of two or more counties and the officer does not know in which county such offense occurred then the jurisdiction shall be in either county.
Laws 1991, c. 182, § 16, eff. Sept. 1, 1991.
§29-3-205.3. Arrest without warrant.
A game warden without warrant may arrest a person for any wildlife violation of which the arresting game warden or another peace officer or wildlife enforcement officer in communication with the arresting game warden has visual or electronic perception including perception by aircraft, radio, or electronically enhanced night vision equipment.
Laws 1991, c. 182, § 17, eff. Sept. 1, 1991.
§293301. Dispositions of monies from fines and forfeitures - Reports and transmittals.
A. All monies received from fines and forfeitures for violation of the Wildlife Conservation laws shall, when collected by the court clerk, be deposited by such clerk as follows:
1. Fifty percent (50%) thereof with the county treasurer to be credited to the general fund of the county and so reported;
2. Fifty percent (50%) shall be transmitted to the State Wildlife Conservation Fund by cash voucher and so reported.
B. All transmittals of funds under this section shall be accompanied by a report showing the name of the court, the number of the case, the style of the case and the amount of fine and forfeiture in each separate instance.
Laws 1974, c. 17, § 3-301, emerg. eff. April 8, 1974.
§29-3-302. Wildlife Conservation Fund.
A. There is hereby created in the State Treasury a revolving fund to be known as the Wildlife Conservation Fund, which shall consist of all monies heretofore or hereafter appropriated to, on deposit in, or credited to the State Game and Fish Fund created by Section 115, Title 29 of the Oklahoma Statutes, and, in addition thereto, all license fees, penalties, fines or forfeitures and bond forfeitures collected by the state, any subdivision thereof, any public official or any other person for the violation of the wildlife conservation laws of this state, and all donations for such purposes as well as all monies received by the Department and all interest accruing therefrom. All monies accruing to the fund shall be subject to the following budgetary limitations:
1. Full-time-equivalent employees;
2. Personal services expenditures;
3. Federal fund expenditures; and
4. Total expenditures.
B. The expenditures of the Wildlife Conservation Fund shall be under the control and supervision of the Commission, and all claims against said fund shall be paid on its itemized voucher form, prepared by said Commission and sworn to by the claimant, and/or vendor's invoices as authorized under Section 86.1, Title 74 of the Oklahoma Statutes. All such claims when duly signed and sworn to shall be audited by the Commission and/or designated employees and, upon final approval, vouchers which are payable from said fund shall be forwarded to the Director of State Finance. Upon approval thereof, warrants shall issue according to law, and said warrants shall be paid by the State Treasurer from said fund. A reserve fund of not less than One Hundred Thousand Dollars ($100,000.00) shall be maintained to be used in emergencies only, by and with the consent of the Governor, and an additional reserve fund of not less than Two Hundred Thousand Dollars ($200,000.00) shall be maintained for the liquidation of unissued licenses purchased by authorized agents for sale which have remained unsold when such unissued licenses are returned for refunds as provided for by law.
C. All fees, monies or funds arising from the operation and transactions of the Commission and from the application and administration of the laws and regulations pertaining to the wildlife resources of the state and from the sale of property used for said purposes shall be expended and used by said Commission for the control, management, restoration, conservation and regulation of the wildlife resources of the state, including the purchase or other acquisition of property for said purposes, and for the administration of the laws pertaining thereto and for no other purposes.
Added by Laws 1974, c. 17, § 3-302, emerg. eff. April 8, 1974. Amended by Laws 1994, c. 382, § 55, eff. Sept. 1, 1994.
§293303. Acquisition of property Payments in lieu of tax payments.
A. The Commission may acquire, by purchase, gift, grants, grantinaid from the federal government, or from any other source public or private, all property or money necessary, useful or convenient for its use in carrying out the objects and purposes of this Code.
B. Any and all gifts, grants, royalties and rentals received by the Commission shall, however, be allocated and used in the same manner as Wildlife Conservation Funds, except that gifts given for specified purposes by the donor shall be used for such specified purposes.
C. On any land acquired by the Oklahoma Wildlife Conservation Commission pursuant to the provisions of the Oklahoma Wildlife Conservation Code, after the effective date of this act, the Commission shall annually make in lieu of tax payments equal to the average ad valorem tax per acre paid on similar land in that county. Said payments shall be made from any funds created in or pursuant to the authority granted by the Oklahoma Wildlife Conservation Code. The payments shall be made by the Commission within sixty (60) days from receipt of an itemized statement from the county treasurer of the county in which the land is located.
D. The provisions of subsection C of this section shall be applicable to any lands acquired by or on behalf of the Oklahoma Wildlife Conservation Commission pursuant to Section 5 of this act and the Oklahoma Capitol Improvement Authority may enter into such agreements with the Oklahoma Wildlife Conservation Commission as may be required for the Commission to make such in lieu payments with respect to real property title to which is held by the Oklahoma Capitol Improvement Authority until title is transferred to the Commission as provided by Section 5 of this act.