2016 OK Fish/Game Bills Proposed

[TedKennedy]

So again, what are their current limits on entering private property?

 

[r00s7a]

My take is that a GW entering a property hasn't been an issue, so why change it? I know lot's of property around with out of state owners, it won't take the rule breakers long to figure that deal out. Somebody important must have got busted last year and now they want a change lol

Hahaha, I wouldn't doubt that is the reason. I can't say whether or not a GW entering has been a problem or not, but I don't feel that the sound of a shot automatically gives them permission to come investigate. The sound of a gun does not implicitly mean someone is hunting.

 

[Deer Slayer]

There are LOTS of shots fired during the Fall and seems most are at targets.....

 

[retrieverman]

As an absentee owner, I don't want to give a GW the authority to come onto my place just because he "thinks" he hears a shot. In my opinion, it leaves too much up to the interpretation of the GW, and though I'm sure there are some game wardens that are genuinely good people, I still don't trust them.

On the hog hunting laws, y'all had better remove all restrictions and kill every one of the SOB's by whatever means necessary.

 

[Okie4570]

Here's SB1142. http://webserver1.lsb.state.ok.us/cf_pdf/201516 COMMITTEE AMENDMENTS/Senate/SB1142 PCS.PDF

Looks like they just added the GW trespassing part to the existing regs. A GW somewhere walked in on somebody last year and pissed them off it sounds like. Maybe different in other parts of the state but up here the GW's know what properties are hunted and which ones aren't. Hunters, landwowners and the GWs worked pretty well with each other.

STATE OF OKLAHOMA
2nd Session of the 55th Legislature (2016)
COMMITTEE SUBSTITUTE
FOR
SENATE BILL NO. 1142 By: Dahm of the Senate
and
Roberts (Sean) of the House
COMMITTEE SUBSTITUTE
An Act relating to game wardens; amending 29 O.S.
2011, Section 5-202, as amended by Section 1, Chapter
200, O.S.L. 2012 (29 O.S. Supp. 2015, Section 5-202),
which relates to the permission to hunt, take, fish
or engage in recreational activity upon land of
another; prohibiting certain actions by game wardens;
and providing an effective date.
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1. AMENDATORY 29 O.S. 2011, Section 5-202, as
amended by Section 1, Chapter 200, O.S.L. 2012 (29 O.S. Supp. 2015,
Section 5-202), is amended to read as follows:
Section 5-202. A. Except as otherwise provided, no person may
hunt or take by any means or method upon the land of another without
the consent of the owner, lessee or occupant of such land.
B. For purposes of this section, consent shall be presumed to
be valid for not more than one (1) year, unless the owner, lessee,
Req. No. 3109 Page 2
or occupant specifically grants consent for a specified period of
time.
C. Excluding land primarily devoted to farming, ranching, or
forestry purposes as set forth in Section 1835.2 of Title 21 of the
Oklahoma Statutes, areas exempt from the provisions of subsection A
of this section are lands belonging to this state which are not
leased and occupied by a resident, excluding school land.
D. Any game warden investigating a hunter in the field has the
duty to inform the hunter that it is necessary to obtain the consent
of the landowner, lessee or occupant to hunt or take on the
particular property. Prosecution for violations of the provisions
of this section may be commenced only upon written complaint of such
owner, lessee or occupant filed before any court authorized to
punish such violation, or upon written complaint to any game warden
or officer authorized to make arrest for such offenses. A game
warden shall not enter a private property for the purpose of
enforcing wildlife conservation laws, based solely on the discharge
of a firearm.
E. No person shall operate a motor-driven conveyance on lands
that are fenced and posted or are in cultivation without permission
of the landowner, lessee or occupant.
F. The consent of any owner, lessee or occupant of land
authorizing a person to hunt, take, fish or engage in any
recreational activity upon the land of any such owner, lessee or
Req. No. 3109 Page 3
occupant shall not be construed to create any additional duty of
care or impose any additional liability other than specified by
Sections 16-71.2 and 16-71.3 of Title 2 of the Oklahoma Statutes.
G. The obtaining of consent from any owner, lessee or occupant
of land authorizing a person to hunt, take, fish or engage in any
recreational activity shall not relieve the authorized person using
the land from any obligation which the person may have in the
absence of obtaining such consent to exercise care in the use of
such land and in activities thereon, or from the legal consequences
of failure to employ such care.
H. 1. It shall be an affirmative defense to prosecution under
subsection A of this section that the accused had express or implied
permission or legal authority to be on the property.
2. If an accused reasonably believed he or she was upon
property for which they had permission to be upon, it shall be an
affirmative defense to prosecution under subsection A of this
section that the accused had with him or her, on his or her person,
written permission from the surface owner, surface lessee, hunting
lessee, or lawful occupant to be upon such person's land while the
accused was upon any adjoining property. This defense shall not be
available to the accused if:
a. the accused has previously pled guilty, nolo
contendere, or has been convicted of any act of
Req. No. 3109 Page 4
trespass or has been found civilly liable of any act
of trespass, or
b. the accused, while the accused was upon the adjoining
property, does not have with him or her, on his or her
person, the written permission specified in this
paragraph.
I. Any person convicted for the first time of violating any
provisions of this section shall be guilty of a misdemeanor and
punished by the imposition of a fine of not less than Five Hundred
Dollars ($500.00) nor more than One Thousand Five Hundred Dollars
($1,500.00), or by imprisonment in the county jail for thirty (30)
days, or by both fine and imprisonment.
J. Any person convicted for the second or subsequent time of
violating any provisions of this section shall be guilty of a
misdemeanor and punished by the imposition of a fine of not less
than One Thousand Five Hundred Dollars ($1,500.00) nor more than Two
Thousand Five Hundred Dollars ($2,500.00), or by imprisonment in the
county jail for not less than six (6) months, or by both fine and
imprisonment.
SECTION 2. This act shall become effective November 1, 2016.
55-2-3109 CB 2/22/2016 10:12:17 AM

 

[dennishoddy]

Here's SB1142. http://webserver1.lsb.state.ok.us/cf_pdf/201516 COMMITTEE AMENDMENTS/Senate/SB1142 PCS.PDF

Looks like they just added the GW trespassing part to the existing regs. A GW somewhere walked on somebody last year and pissed them off it sounds like. Maybe different in other parts of the state but up here the GW's know what properties are hunted and which ones aren't. Hunters, landwowners and the GWs worked pretty well with each other.

+1000 on the bolded part. They do their job, and we back them up.

 

[doctorjj]

+1000 on the bolded part. They do their job, and we back them up.

There's at least one around here who is a real ********* and will twist the law to try to pry his way into your vehicle and to perform a search.

 

[makeithappen]

There's always that one and sadly, he'll be much better known than the one that has done nothing but an excellent job. Just like people that fish, there's trash all over the area and they'll ruin it for those that bring a back to remove any trash that might occur during the trip.

 

[Okie4570]

I noticed on a wildlife commissioners FB page where he mentioned on March 31 that sb1142 failed in committee, but I'm not seeing that on the legislation tracking pages. Just that it passed the senate and is now on the senate side, it hasn't been updated since 3/16 though.

 

[justin_h635]

Hahaha, I wouldn't doubt that is the reason. I can't say whether or not a GW entering has been a problem or not, but I don't feel that the sound of a shot automatically gives them permission to come investigate. The sound of a gun does not implicitly mean someone is hunting.

I am with you on this one and Okie and I obviously disagree. As a landowner this has nothing to do with trusting my local wardens and has everything with limiting the power of government and my rights as a landowner. Most comments that I read online that think this is a stupid bill but based solely on comments I can about guarantee that those speaking do not own the land.

As I told Okie in conversation nobody holds my trust and respect more than my counties warden but I would vote yes for,the bill then give him a signed permission slip to enter my property at any time.

Truthfully this is one of those bills where I would like to learn more about it but based upon the video I saw from the retired gw, his dialogue didn't change my leanings in any way.

Again, I invite my warden on my land but ain't no way I give any government agency that kind of blanket freedom .