§ 29-5-411 — Antelope, moose, whitetail or mule deer, bear, elk,

mountain lion, Rocky Mountain bighorn sheep, wild turkey or subspecies - Hunting, selling, buying - Seizure of meat, head, hide or any part of carcass. A. 1. Except for owners and operators of farmed or commercial cervidae facilities licensed pursuant to the Oklahoma Farmed Cervidae Act, no person, including but not limited to persons licensed for commercial hunting or wildlife breeders, may hunt, chase, capture, shoot, shoot at, wound, attempt to take or take, attempt to kill or kill, or slaughter an antelope, moose, whitetail or mule deer, bear, elk, mountain lion, Rocky Mountain bighorn sheep, wild turkey, or any subspecies except in open season under Section 5-401 of this title. 2. Unless legally harvested from a commercial hunting area, no person shall sell, offer for sale or buy or offer to buy an antelope, moose, whitetail or mule deer, bear, elk, mountain lion, rocky mountain bighorn sheep, wild turkey, or any subspecies or any parts thereof, except as provided by: a. rules prescribed by the Wildlife Conservation Commission, b. any federal laws or regulations, or c. the Oklahoma Farmed Cervidae Act. 3. The provisions of this subsection shall not be construed to prevent a hide, antlers or horns from a legally taken whitetail or mule deer, elk, moose, antelope or Rocky Mountain bighorn sheep from being sold or traded by a person who legally harvested or who legally possesses the hide, antlers or horns, including a person who has obtained legal possession of the hide, antlers, or horns after being given to the person for taxidermic preparation. Except as otherwise provided, any antlers or horns sold or traded pursuant to this subsection shall have been removed from the skull of the animal in such a way as to leave no portion of the skull attached. The owner or operator of a farmed or commercial cervidae facility may sell or trade the antlers or horns of a farmed or commercial cervidae with the skull attached as provided for in the Oklahoma Farmed Cervidae Act. Upon request, the Director of Wildlife Conservation may grant an exemption from the restrictions of this paragraph to allow a person who has legally harvested or who is in legal possession of the antlers or horns from a legally taken animal to sell or trade the antler or horns with the skull attached. B. 1. 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. 2. Any meat, head, hide or any part of the carcass of any wildlife not legally taken shall be subject to immediate seizure by a game warden. 3. The provisions of this subsection shall not apply to privately owned domesticated animals designated by the Wildlife Conservation Commission or farmed cervidae facilities licensed pursuant to the Oklahoma Farmed Cervidae Act. C. Persons excepted from the provisions of this section are: 1. Department employees when in the performance of their duties; and 2. Authorized agents when appointed under Section 3-202 of this title.

Legislative History

Added by Laws 1974, c. 17, § 5-411, emerg. eff. April 8, 1974. Amended by Laws 1987, c. 128, § 1, emerg. eff. June 2, 1987; Laws 1989, c. 153, § 1, operative July 1, 1989; Laws 1991, c. 182, § 37, eff. Sept. 1, 1991; Laws 1996, c. 135, § 3, eff. July 1, 1996; Laws 2000, c. 122, § 1, eff. Nov. 1, 2000; Laws 2000, c. 256, § 1, eff. Nov. 1, 2000; Laws 2006, c. 138, § 17, eff. Nov. 1, 2006; Laws 2010, c. 360, § 9, eff. July 1, 2010.