A. Except as otherwise provided for in this section or in rules promulgated by the Wildlife Conservation Commission, no person may utilize at any time, for the purpose of killing or capturing any game mammal, game bird, nongame bird or exotic wildlife, the following means:
1. Any trap, net, snare, cage, pitfall, baited hook or similar device;
2. Any drug, poison, narcotic, explosive or similar substance;
3. Any swivel or punt gun of greater caliber than ten (10) gauge;
4. Any device which generates electricity; or
5. Any device which noticeably suppresses noise from a firearm, commonly known as a suppressor or silencer, unless it is registered in compliance with the requirements of federal law.
B. Except as otherwise provided for in this section, no person shall hunt wildlife or exotic wildlife by computer-assisted remote control hunting.
C. Except as otherwise provided for in this section, no person shall engage in any activity that provides, sells, offers for sale, assists in, or provides facilities for computer-assisted remote control hunting of wildlife or exotic wildlife.
D. The following persons shall be exempt from the prohibition in subsection A of this section:
1. The Director, departmental employees and authorized agents when capturing wildlife for propagation or management purposes;
2. Any person, group or governmental agency the Director may by written permit authorize, where any species of nongame birds are causing a nuisance or undue economic loss, as may be determined by the Director. Such permit shall state the method of control and specific procedures and conditions as may be deemed appropriate by the Director;
3. Any person possessing a scientific purposes license under Section 4-118 of this title;
4. Employees of the Oklahoma Department of Agriculture, Food, and Forestry Wildlife Services Division and the United States Department of Agriculture Wildlife Services while engaged in wildlife management activities for the protection of agriculture, property, human health and safety and natural resources; or
5. Any person using nonlethal, nonchemical capture or restraint of animals on licensed commercial hunt areas for management, viewing or photographic purposes.
E. Nothing in this section shall be construed to exempt any person using a device as described in paragraph 5 of subsection A of this section from the requirements and provisions of federal law, federal regulations and federal tax requirements for lawful use of the device.
F. A person shall be exempt from the prohibition in subsection B of this section if the person is permanently physically disabled so that the person is physically incapable of using a firearm, crossbow, or conventional bow as certified in writing by a physician licensed to practice medicine. A person who has received certification as provided for in this paragraph shall have in his or her possession written evidence of the certification while in the field hunting.
G. A person shall be exempt from the prohibition in subsection C of this section if the person is engaged in providing facilities for, assisting in, selling, or offering for sale a computer-assisted remote control hunting activity for a person who is physically disabled as described in subsection F of this section. The physically disabled person shall be physically present where the hunting activity is occurring and be in control and operating the computer-assisted remote control means to take wildlife or exotic wildlife.
H. 1. Any person convicted of violating the provisions of subsection A of this section shall be punished by a fine of not less than One Hundred Dollars ($100.00) nor more than Five Hundred Dollars ($500.00).
2. Any person convicted of violating the provisions of subsection B or C of this section shall be punished by a fine of not less than Two Hundred Fifty Dollars ($250.00) nor more than Five Hundred Dollars ($500.00) or by imprisonment in the county jail not exceeding one (1) year, or by both the fine and imprisonment. In addition, the court may order that the hunting or fishing license and privileges of any person convicted of violating the provisions of subsection B or C of this section be revoked for a period of not less than one (1) year but not exceeding five (5) years. The cost of reinstating a hunting or fishing license revoked pursuant to this subsection for residents shall be Two Hundred Dollars ($200.00) for each license and for nonresidents shall be Five Hundred Dollars ($500.00) for each license. The reinstatement fee shall be in addition to any other fees required for the hunting or fishing license.
3. Any person convicted of a wildlife offense which involves a species of wildlife listed in Section 5-411 of this title, involves a species of wildlife referenced in Section 5-412 of this title or involves the unlawful possession, taking or killing of the wildlife from an unlawful hunt, chase, trap, capture, shooting, killing or slaughter while using a suppressed firearm during the commission of the wildlife offense, in addition to any other penalty otherwise provided for in law, shall be punished by a fine of not less than Five Hundred Dollars ($500.00) nor more than One Thousand Dollars ($1,000.00) or by imprisonment in the county jail not exceeding one (1) year, or by both the fine and imprisonment. In addition, the court may order that the hunting or fishing license and privileges of the person be revoked for a period of not less than one (1) year but not exceeding five (5) years.
Credits
Laws 1974, c. 17, § 5-201, eff. April 8, 1974; Laws 1991, c. 182, § 29, eff. Sept. 1, 1991; Laws 2000, c. 191, § 1, eff. Nov. 1, 2000; Laws 2008, c. 104, § 1, emerg. eff. May 2, 2008; Laws 2012, c. 294, § 2, eff. Nov. 1, 2012; Laws 2015, c. 245, § 1, eff. Nov. 1, 2015; Laws 2016, c. 165, § 2, eff. Nov. 1, 2016; Laws 2021, c. 29, § 1, eff. Nov. 1, 2021.