ENGROSSED HOUSE
BILL NO. 3260	By:	Blackwell of the House

				and

		Marlatt of the Senate

( game and fish - amending 29 O.S., Section 5-401 - Wildlife Conservation Commission - open seasons - 		statutory language )

BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1.     AMENDATORY     29 O.S. 2001, Section 5-401, as last amended by Section 1, Chapter 131, O.S.L. 2006 (29 O.S. Supp. 2009, Section 5-401), is amended to read as follows:
Section 5-401.  A.  The Wildlife Conservation Commission is authorized to declare an open season on wildlife in any counties or parts of counties of this state where, in the judgment of the Commission, such wildlife exists in sufficient quantity to warrant such an open season, and such the open season shall be declared by Commission resolution not less than ten (10) days before the season is opened.
B.  The Commission may designate any two (2) consecutive days after the open season declared for hunting deer to be senior citizen's hunting days.  During those two (2) days only legal residents of Oklahoma who are sixty-four (64) years of age or older may hunt deer provided the person has a valid license as otherwise provided by law.
C.  The Commission shall declare an open season in any counties or parts of counties in the state for a species of wildlife if a state contiguous with Oklahoma has declared and established an open season on that species of wildlife.
D.  The Commission is further authorized to declare an open season on mountain lions and black bears.
D. E.  The Commission is further authorized to prescribe rules necessary to the proper conduct and policing of such an open season, the amount and kind of wildlife that may be taken, and the dates and time limits of such the open season.
E. F.  The Commission is further authorized to require any person participating in such an open season or hunting in open areas during open season to procure, under rules prescribed by the Commission, a special permit or license to participate in such the open season or hunt in such areas during open season and to charge residents not to exceed Twenty Dollars ($20.00), nonresidents not to exceed Seventy-five Dollars ($75.00) and further providing that.  Five Dollars ($5.00) of this fee shall be set aside for compensation to Oklahoma surface holders participating in the Acres for Wildlife Program at a rate to be determined by the Wildlife Conservation Commission.  No exemptions shall be permitted.
F. G.  Open seasons, closed seasons, bag limits, catch limits, possession limits and territorial limitations set forth in the statutes of this state, pertaining to wildlife of every sort, are hereby declared to be based on the existence of a normal population of such the species of wildlife, compatible with and not damaging to the proper agricultural use of the lands of the state.
G. H.  Such The seasons, catch limits, bag limits, possession limits and territorial limitations as set by statute shall prevail and be in full force and effect for each and every species of wildlife to which they pertain so long as the population or numbers of such the wildlife species remain normal or are not damaging or endangering crops or proper agricultural use of the lands of the state.
H. I.  The Commission in session, and after having given ten (10) days' public notice of such meeting being called and the purpose of such meeting, the species of wildlife to be considered and the reasons therefor, shall have the right to determine if there does or does not exist a normal population of the wildlife species under consideration, which does or does not endanger the crops of the state or of any certain areas, or the agricultural use of the lands therein.  Consideration by the Commission shall be in an open meeting after having given not less than ten (10) days public notice of the meeting.  The public notice shall include the purpose of the meeting, the species of wildlife to be considered and the reasons for the meeting.  In the event the consideration is other than statewide, the Commission shall meet at the most convenient place to the people of the area in the area being considered.  All meetings shall be open to the public and proper records of those appearing and testifying shall be made.  If the Commission, after hearing and after investigation, finds that the populations of the wildlife species under hearing are not normal or that they are not compatible to the agricultural use of the lands or are damaging or endangering the farm crops of the area, they shall, by administrative order, make the necessary changes by either extending, shortening, opening or closing such the seasons, and change such changing the bag limits, catch limits and possession limits, and regulate regulating the methods or devices for taking, killing or capturing of the wildlife species affected in any area or areas covered by the notice of meeting and hearing, except as otherwise set by the Legislature.
I. J.  Such Any administrative order issued pursuant to subsection I of this section shall take effect after publication in at least one newspaper of general state circulation, or in a newspaper having circulation in the territory affected.  A copy of all such orders shall, before publication, be filed with the Secretary of State, and such an order shall not be construed as authorizing the Commission to change any penalty for violating any game law or regulation or change the amount of any license established by the Legislature.
Passed the House of Representatives the 9th day of March, 2010.

	
Presiding Officer of the House of
	Representatives

Passed the Senate the ____ day of __________, 2010.

	
Presiding Officer of the Senate