The Oklahoma Bar Journal March 2024

Department of Wildlife Conservation website, www.wildlifedepartment.com, is a great resource. It has licensing information, regulations, approved locations, hunting season dates and more. The Oklahoma Wildlife Conservation Code is contained in Title 29 of the Oklahoma Statutes. 21 Interestingly, the only other current statute contained in Title 29 deals with mechanical fishing devices and, more particularly, what type may be used and how, as well as what types are “illegal” and may be “confiscated as contraband.” 22 There are specific statutory provisions for trespassing when hunting and fishing. Title 29 Ok. Stat. §5-202 provides for a misde meanor conviction and a $500 to $1,500 fine and/or 30-day impris onment for a first offense. For a second offense, it becomes a $1,500 to $2,500 fine and/or imprison ment of less than six months. Further, trespass can occur if a hunting dog is sent onto land to hunt, and the hunter goes onto the land to retrieve the dog. 23 Separate penalties apply if the trespassed land is an Oklahoma Farmed Cervidae Act licensed facility or a commercial hunting area licensed under 29 Ok. Stat. §4-106. 24 Certain aspects of hunting are regulated by federal law and the U.S. Fish and Wildlife Service. Some of these include firearms on National Wildlife Refuge System lands, 25 the Endangered Species Act, 26 the Bald and Golden Eagle Act 27 and the Migratory Bird Treaty Act of 1918. 28 Finally, if you are hunting in a tribal area, such as the Chickasaw National Recreation Area, be sure to check any additional regula tions the tribe may have.

A rehabilitation license does not permit a rehabber to keep wildlife as a pet. The facility must have a valid license from the Oklahoma Department of Wildlife, and if they plan to rehabilitate certain species of birds, they need a permit from the U.S. Fish and Wildlife Service Migratory Bird Office.

composed, in whole or in part, of any such bird – or any part, nest or egg of such bird. 17 The act enables the secretary of the interior to deter mine when, to what extent (if at all) and by what means to allow the tak ing of such protected birds, pursu ant to certain legislative guidelines. 18 The act does provide a specific exception for food supply breed ing. 19 Violations of the act can result in either misdemeanor convictions with fines of not more than $15,000 and/or not more than six months imprisonment, felony convictions with fines of not more than $2,000 and/or imprisonment of not more than two years or fines under Title 18 of the United States Code and/or imprisonment of one year. 20 Most readers are aware that hunting and fishing are regulated by the Oklahoma Department of Wildlife Conservation, and licenses are required to hunt and fish in Oklahoma. The Oklahoma HUNTING AND FISHING

sell, purchase or barter; transport ing, exporting or importing any bald eagle or golden eagle – alive or dead – or any part, nest or egg thereof. 11 Notably, this includes the possession of an eagle feather. The secretary of the interior may make exceptions for scientific, exhibition and religious purposes. 12 The act provides for a first- offence fine of $5,000 and/or imprisonment of not more than one year, a second or subsequent offense fine of $10,000 and/or imprisonment of not more than two years, and each taking or act with respect to an eagle is a sepa rate violation. 13 Further, one-half of any fine collected “shall be paid to the person or persons giving infor mation which leads to conviction.” 14 Civil penalties may also be issued. 15 MIGRATORY BIRD TREATY ACT The Migratory Bird Treaty Act 16 protects migratory birds – any part, nest or egg of such birds and any product that consists or is

Statements or opinions expressed in the Oklahoma Bar Journal are those of the authors and do not necessarily reflect those of the Oklahoma Bar Association, its officers, Board of Governors, Board of Editors or staff.

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THE OKLAHOMA BAR JOURNAL