Read the full stored bill text
ENGR. H. B. NO. 4128 Page 1
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
ENGROSSED HOUSE
BILL NO. 4128 By: Fetgatter of the House
and
Kern of the Senate
An Act relating to game and fish; amending 29 O.S.
2021, Section 5-401, which relates to seasons and
rules; providing an exception to open season
declaration; establishing start date for archery
period in certain counties; authorizing the Oklahoma
Department of Wildlife Conservation to prescribe
yearly total harvest limits; providing an exception;
and providing an effective date.
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1. AMENDATORY 29 O.S. 2021, 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 open season, and such open season shall be declared by
Commission resolution not less than ten (10) days before the season
is opened.
ENGR. H. B. NO. 4128 Page 2
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
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 is further authorized to declare an open
season on mountain lions and black bears; provided, such season for
bear shall include a muzzleloader and archery period to run
concurrent with muzzleloader deer season. For LeFlore, McCurtain,
and Pushmataha Counties only, archery period shall start no later
than September 15 of each year and shall run through deer
muzzleloading season. The Oklahoma Department of Wildlife
Conservation may, through their rulemaking authority, prescribe a
yearly total harvest limit for black bears; however, such yearly
total harvest limit shall not be set at less than two hundred black
bears harvested per year.
D. Except as provided in subsection E of this section, the
Commission is further authorized to prescribe rules necessary to the
proper conduct and policing of such open season, the amount and kind
of wildlife that may be taken, and the dates and time limits of such
season.
E. Any bowfishing season set for nongame fish by the Commission
for the Upper Illinois River shall include the following:
ENGR. H. B. NO. 4128 Page 3
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
1. Upstream from the Horseshoe Bend boat ramp to where State
Highway 51 crosses the Illinois River bowfishing is permitted from
June 1 to March 31; and
2. Upstream from where State Highway 51 crosses the Illinois
River bowfishing is permitted from December 1 through March 31.
F. The Commission is further authorized to require any person
participating in such 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 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.
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 species of wildlife, compatible with and not damaging to the
proper agricultural use of the lands of the state.
H. Such seasons, catch limits, bag limits, possession limits
and territorial limitations as set by statute shall prevail and be
ENGR. H. B. NO. 4128 Page 4
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
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
wildlife species remain normal or are not damaging or endangering
crops or proper agricultural use of the lands of the state.
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. 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 seasons, and change such bag limits, catch limits
and possession limits, and regulate methods or devices for taking,
killing or capturing of the wildlife species affected in any area or
ENGR. H. B. NO. 4128 Page 5
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
areas covered by the notice of meeting and hearing, except as
otherwise set by the Legislature.
J. Such administrative order 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 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.
SECTION 2. This act shall become effective September 1, 2026.
Passed the House of Representatives the 25th day of March, 2026.
Presiding Officer of the House
of Representatives
Passed the Senate the ___ day of __________, 2026.
Presiding Officer of the Senate