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An act relating to game and fish, the official text

Shown verbatim: the complete text as captured from the official PDF posted by the Oklahoma Legislature, fetched 2026-07-23. Page and line markers are part of the official record; nothing is edited or removed. The official bill page.
1                          STATE OF OKLAHOMA

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2                  2nd Session of the 60th Legislature (2026)

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3 SENATE BILL 2069              By: Kern
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6                               AS INTRODUCED

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7         An Act relating to game and fish; amending 29 O.S.

7         2021, Section 5-406, which relates to migratory

8         birds; defining terms; prohibiting the taking of

8         migratory game birds by certain methods; providing

9         exceptions; providing penalties for violations;

9         requiring revocation of certain licenses upon

10        conviction; requiring court to transmit certain

10        information; defining term; and providing an

11        effective date.

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15 BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
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16  SECTION 1.      AMENDATORY  29 O.S. 2021, Section 5-406, is

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17 amended to read as follows:
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18  Section 5-406. A. As used in this section:

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19  1. "Baiting" means the direct or indirect placing, exposing,

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20 depositing, distributing, or scattering of salt, grain, or other
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21 feed that could serve as a lure or attraction for migratory game
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22 birds to, on, or over any areas where hunters are attempting to take
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23 them;
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    Req. No. 3338                                              Page 1
1   2. "Baited area" means any area on which salt, grain, or other

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2 feed has been placed, exposed, deposited, distributed, or scattered,
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3 if that salt, grain, or other feed could serve as a lure or
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4 attraction for migratory game birds to, on, or over areas where
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5 hunters are attempting to take them. Any such area will remain a
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6 baited area for ten (10) days following the complete removal of all
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7 such salt, grain, or other feed;
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8   3. "Manipulation" means the alteration of natural vegetation or

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9 agricultural crops by activities that include, but are not limited
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10 to, mowing, shredding, discing, rolling, chopping, trampling,
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11 flattening, burning, or applying herbicide treatments. The term
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12 manipulation does not include the distributing or scattering of
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13 seed, grain, or other feed after removal from or storage on the
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14 field where grown;
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15  4. "Migratory game birds" means those migratory birds included

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16 in the terms of conventions between the United States and any
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17 foreign country for the protection of migratory birds, for which
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18 open seasons are prescribed in this subsection and which belong to
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19 the following families:
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20  a. Anatidae (ducks, geese, including brant, and swans),

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21  b. Columbidae (doves and pigeons),

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22  c. Gruidae (cranes),

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23  d. Rallidae (rails, coots, and gallinules), and

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24  e. Scolopacidae (woodcock and snipe);

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    Req. No. 3338                                              Page 2
1      5. "Normal agricultural operation" means a normal agricultural

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2 planting, harvesting, post-harvest manipulation, or agricultural
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3 practice that is conducted in accordance with official
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4 recommendations of State Extension Specialists of the Cooperative
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5 Extension Service of the United States Department of Agriculture;
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6 and
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7      6. "Other feed" means any simulated, synthetic, imitation, or

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8 artificial products made from plastic, rubber, foam, or other
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9 unnatural ingredients to resemble salt or grain, as well as any
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10 other edible feed that could lure or attract game birds that is not
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11 defined as a salt or grain.
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12     B. No person may hunt, capture or kill any species of migratory

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13 birds, including but not limited to ducks, brant, and geese, except
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14 as provided in the Treaties of the United States and Acts of
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15 Congress relating to such endeavors, and as annually fixed by the
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16 federal department in control of migratory birds and the Commission.
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17     C. 1. No person shall take migratory game birds by the aid of

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18 baiting, or on or over any baited area, where a person knows or
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19 reasonably should know that the area is or has been baited.
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20     2. Nothing in this section prohibits the taking of any

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21 migratory game birds except waterfowl, coots, and cranes, on and
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22 over lands or areas that are not otherwise baited areas, and where
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23 grain or other feed has been distributed or scattered solely as the
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24 result of manipulation of an agricultural crop or other feed on the
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    Req. No. 3338                                              Page 3
1 land where grown, or solely as the result of a normal agricultural
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2 operation.
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3   D. 1. Any person convicted of violating the provisions of this

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4 section shall, upon conviction, be guilty of a misdemeanor
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5 punishable by a fine not less than Two Hundred Fifty Dollars
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6 ($250.00) nor more than Seven Hundred Fifty Dollars ($750.00), or by
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7 imprisonment in the county jail for a period not to exceed ten (10)
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8 days, or by both such fine and imprisonment. Any person convicted
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9 of a second or subsequent violation of the provisions of this
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10 section shall be punishable by a fine not less than Seven Hundred
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11 Fifty Dollars ($750.00) nor more than One Thousand Five Hundred
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12 Dollars ($1,500.00), or by imprisonment in the county jail for a
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13 period not to exceed ten (10) days, or by both such fine and
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14 imprisonment.
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15  2. Any hunting or fishing license issued to a person by the

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16 Department of Wildlife Conservation shall be automatically revoked
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17 upon conviction of the person for violating the provisions of this
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18 section. The revocation shall be for a period set by the court of
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19 not less than one (1) year nor more than ten (10) years. If the
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20 court does not set a period, the revocation shall be for one (1)
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21 year from the date the conviction becomes final. During the period
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22 of revocation, the Department shall not issue the person a hunting
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23 or fishing license. If the court does not set a revocation period,
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    Req. No. 3338                                             Page 4
1 the Department shall not issue the person a license within one (1)
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2 year of the conviction.
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3   3. The hunting or fishing license of any person convicted of a

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4 second or subsequent violation of the provisions of this section
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5 shall be automatically revoked upon conviction of the person for
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6 violating the provisions of this section. The revocation shall be
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7 for a period set by the court of not less than three (3) years nor
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8 more than ten (10) years. If the court does not set a period, the
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9 revocation shall be for three (3) years from the date the conviction
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10 becomes final. During the period of revocation, the Department
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11 shall not issue the person a hunting or fishing license. If the
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12 court does not set a revocation period, the Department shall not
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13 issue the person a license within three (3) years of the conviction
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14 of the person pursuant to this section.
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15  4. A person who has a license or permit revoked pursuant to

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16 this section shall surrender the revoked license or permit to the
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17 court, or the court may order the defendant to surrender the license
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18 or permit directly to an officer from the Department of Wildlife
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19 Conservation present at the hearing. If the license or permit is
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20 surrendered to the court, the court shall send the Department the
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21 revoked license. The court shall also send the Department a copy of
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22 the judgment of conviction. In lieu of sending a paper copy of the
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23 documents and information required by this subsection, the court
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    Req. No. 3338                           Page 5
1 clerk may transmit the conviction information by using an electronic
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2 method authorized by the Department.
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3   5. For the purposes of this section, "conviction" shall include

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4 a plea of guilty or nolo contendere to an offense or the imposition
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5 of deferred adjudication for an offense.
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6   SECTION 2. This act shall become effective November 1, 2026.

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8   60-2-3338      YG  1/15/2026 11:46:56 AM

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    Req. No. 3338                             Page 6
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