§ 7-501 . Repealed by Laws 1991, c. 182, § 68, eff. Sept. 1, 1991
§ 7-502 . General prohibition on possession of wildlife--Exceptions
§ 7-503 . Prohibition on buying, bartering, trading, selling, or offering or exposing for sale protected fish or wildlife--Exceptions--Penalties
§ 7-504 . Importation, sale, possession of aigrettes, plumes, feathers, quills, wings, etc.
§ 7-501. Repealed by Laws 1991, c. 182, § 68, eff. Sept. 1, 1991
§ 7-502. General prohibition on possession of wildlife--Exceptions
A. Except as otherwise provided by law, no person may possess:
1. Any wildlife or parts thereof during the closed season for that particular wildlife species;
2. Any endangered or threatened species or parts thereof at any time; or
3. Any native bear or native cat that will grow to reach the weight of fifty (50) pounds or more.
B. Persons exempt from provisions of paragraphs 1 and 2 of subsection A of this section are:
1. Persons storing lawfully taken wildlife in any home freezer or cold storage locker;
2. Persons possessing items, including but not limited to hides, heads or horns as specimens or trophies;
3. Persons possessing wild waterfowl taken in compliance with and under provisions of federal laws pertaining thereto;
4. Persons possessing legally obtained wildlife, from a source other than the wild, as pets or for the purpose of training hunting dogs, except as provided for by law or under rules promulgated by the Wildlife Conservation Commission; or
5. Persons possessing farmed cervidae and licensed pursuant to the Oklahoma Farmed Cervidae Act 1 .
C. Persons possessing products for human consumption that have been taken, processed, labeled and transported in accordance with the laws of the state of origin and federal law shall be exempt from the provisions of paragraphs 1 and 2 of subsection A of this section. Provided:
1. The person processing or offering the product for sale shall retain all necessary documents to evidence the state of origin of the wildlife or farmed cervidae product; and
2. Nothing in this subsection shall allow a person to sell protected wildlife taken in this state except as otherwise provided by law.
D. It shall be unlawful for any person to have in their possession any meat, head, hide, or any part of the carcass of any wildlife not legally taken.
E. The applicable commercial or noncommercial wildlife breeder's license shall be obtained if any wildlife is being propagated.
F. Possession of game during the closed season, except as above provided, shall be prima facie evidence that the game was taken during a closed season.
G. Any person convicted of violating any provision 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), or by imprisonment in the county jail not to exceed thirty (30) days, or by both.
Credits
Laws 1974, c. 17, § 7-502, eff. April 8, 1974; Laws 1991, c. 182, § 53, eff. Sept. 1, 1991; Laws 1992, c. 149, § 13, emerg. eff. April 30, 1992; Laws 2000, c. 119, § 1, eff. Nov. 1, 2000; Laws 2002, c. 346, § 3, eff. Nov. 1, 2002; Laws 2003, c. 188, § 4, eff. July 1, 2003; Laws 2006, c. 138, § 19, eff. Nov. 1, 2006.
Footnotes
1 Title 2, § 6-501 et seq.
§ 7-503. Prohibition on buying, bartering, trading, selling, or offering or exposing for sale protected fish or wildlife--Exceptions--Penalties
A. Except as otherwise provided for by law, no person may buy, barter, trade, sell or offer, or expose for sale all or any part of any fish or wildlife or the nest or eggs of any bird, protected by law. The carcasses or any parts thereof of legally acquired furbearing animals or coyotes may be purchased, bartered, traded, sold or offered for sale. The fur or pelt of legally acquired squirrels may be purchased, bartered, traded, sold or offered for sale.
B. Persons licensed to propagate or sell fish or wildlife pursuant to the provisions of the Oklahoma Wildlife Conservation Code and persons who have documentation of legally purchased fish or wildlife or parts thereof for resale are exempt from the provisions of this section.
C. All wildlife or parts thereof seized pursuant to the provisions of this section and determined to be unfit for release in a suitable locale shall be sold. The proceeds from said sale shall be deposited in the Wildlife Conservation Fund.
D. No person shall buy, barter, trade, or sell, within this state, any furbearing animal, game animal, or game fish, or any part thereof, acquired from a source within or outside of this state unless at the time and place of each such sale, the seller shall possess an invoice signed by the person from whom said seller purchased said animals or fish, which shall contain a statement of the source from which said animals or fish were acquired, and the species and quantity of each species, or parts thereof, delivered to said seller.
E. Persons who have obtained legal possession of wildlife or parts of wildlife after being given to the person for taxidermic preparation or processing of the meat for consumption shall be permitted to dispose of such, unless otherwise prohibited by law, under rules established by the Oklahoma Wildlife Conservation Commission.
F. The animal, bird, fish, or part thereof shall be confiscated by the arresting authority and forwarded to the Commission to be held until the matter is resolved. If a person violating the provisions of this section is convicted, the Commission shall retain and properly dispose of the confiscated animal, bird, fish, or part thereof. If a person accused of violating the provisions of this section is acquitted, the confiscated animal, bird, fish, or part thereof shall be returned to the possession of the person from whom it was confiscated.
G. The first violation of any of the provisions of this section shall be punishable by a fine of 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 less than ten (10) days nor more than sixty (60) days, or by both said fine and imprisonment.
Subsequent violations of the provisions of this section shall be punishable by a fine of not less than One Thousand Dollars ($1,000.00), or by imprisonment in the county jail for a period not less than ten (10) days nor more than sixty (60) days, or by both said fine and imprisonment.
Credits
Laws 1974, c. 17, § 7-503, eff. April 8, 1974; Laws 1979, c. 194, § 1; Laws 1983, c. 93, § 1, operative July 1, 1983; Laws 1991, c. 182, § 54, eff. Sept. 1, 1991; Laws 1994, c. 318, § 17, emerg. eff. June 8, 1994; Laws 1996, c. 135, § 4, eff. July 1, 1996; Laws 2000, c. 122, § 2, eff. Nov. 1, 2000; Laws 2003, c. 96, § 1, eff. Nov. 1, 2003.
§ 7-504. Importation, sale, possession of aigrettes, plumes, feathers, quills, wings, etc.
A. Except as otherwise provided, no person may import, sell or possess for sale aigrettes, egret plumes and the feathers, quills, heads, wings, tails, skins or parts of skins of wild birds, either raw or manufactured, or any endangered or rare species.
B. Exemptions 1 to the above subsection A are:
1. Importations, sales or possession for sale for scientific or educational purposes.
2. The feathers or plumes of domestic fowl of any kind.
C. Any person convicted of violating the provisions of this section shall be punished by a fine not less than One Hundred Dollars ($100.00) nor more than One Thousand Dollars ($1,000.00), or by imprisonment in the county jail for a period not to exceed thirty (30) days, or by both such fine and imprisonment.
Credits
Laws 1974, c. 17, § 7-504, eff. April 8, 1974.
Current through Chapter 385 (End) of the First Regular Session of the 53rd Legislature (2011)
Footnotes
1 Should probably read “Exceptions.”