Hunting
As a landowner, am I liable for injuries of people hunting on my land?
Why is it illegal to hunt migratory game birds over baited areas?
Why
do hunters have to tag bobcats with a special tag?
Good
question. Although bobcats are common here, they are not as numerous in other
parts of the country. In states where populations do support hunting, though,
the pelts satisfy a worldwide market and will often cross state borders before
reaching their final destination.
Therefore,
an international law developed to administer the Convention on International
Trade of Endangered Species (CITES) was created in 1975. It requires those
states that want to allow their hunters and trappers to export bobcat pelts to
accurately monitor their harvest and document the origin of take. The U.S. Fish
and Wildlife Service are then able to detect where problems with trade may
occur.
To
verify a bobcat was harvested legally, you must have it tagged by an authorized
Wildlife Department employee or at a bobcat tagging station within 10 days after the
close of the bobcat season. And as a result of this tagging law, Oklahomans
enjoy one of the most liberal bobcat seasons available.
The
Oklahoma Department of Wildlife Conservation manages the state’s deer herd to
provide for maximum hunting opportunities possible, while ensuring the long term
health of the overall population. Department biologists know that different
areas of the state offer different deer habitat, and likewise, the number of
deer those different areas of the state offer different deer habitat, and like
wise, the number of deer those different habitats can support also varies.
Antlerless
hunting is not restricted in the panhandle because deer densities are relatively
low and available habitat is limited. In the Northwest, on the other hand, agricultural cropland
and timber mix to form excellent habitat. Those factors, along with deer numbers
being relatively high, combine to create a situation that allows the most
generous antlerless hunting offered in the state.
Regulations
are not established based only on biological factors, though. Social factors,
such as landowner tolerance for wildlife and hunters’ preferences, also are
taken into consideration when the Department sets hunting season dates and
limits. Obviously, the resource must come first in the decision-making process,
but whenever possible, the wants and needs of the agency’s constituents –
your wants and needs – are factored into the hunting regulations of the state.
Simply
put, the sale of hunting and fishing licenses is the most vital component in the
operation of the Oklahoma Department of Wildlife Conservation.
Since
the Department receives no general tax appropriations from the Oklahoma
Legislature, it derives a large percentage of its operating capital from the
sale of hunting and fishing licenses, as well as from the sale of auxiliary
permits, such as those for deer and turkey hunting. In addition, hunting and fishing sales also play a major role
in determining the distribution of federal aid money from the Sport fish
Restoration Act and Wildlife Restoration Act.
These funds come from a special excise tax on hunting and fishing
equipment and are distributed to individual states based on their number of
licensed hunters and anglers.
Purchasing
a hunting and fishing license is like investing in a trust fund.
By contributing to this fund, you endorse the conscientious, scientific
management of Oklahoma’s fish and wildlife resources. Your license purchases
also ensure the health and stability our state’s fish and wildlife resources
for future generations. By law, Oklahoma’s wildlife resources belong to the
public. A hunting or fishing license allows you the privilege of attempting to
harvest or partake of those resources.
Why is release baitfish into the water against the law?
Releasing
baitfish into the water you are fishing is against the law.
Many baitfish are species that are not native to Oklahoma waters.
Introducing a new strain or species into an area can be lethal to native
fish.
Take
for example tilapia, a popular baitfish imported by some bait houses.
Tilapia are extremely prolific, and if release into a body of water, they
may quickly overpopulate and out compete Oklahoma’s native sunfish and bass
species.
Many
baitfish look very similar, so this law is designed to help safeguard anglers
from doing inadvertent harm to their favorite fishing spots.
Anglers who seine baitfish from the same body of water they are fishing
may release them back into the same water when they are finished.
What
is the law to hunt hogs in Oklahoma?
What
are referred to as “wild” hogs in Oklahoma are actually feral pigs (domestic
animal that has returned to a wild state).
Until very recently, state law has considered feral hogs domestic
animals, meaning hunters needed permission from both the hog owners and
landowner to pursue “wild” hogs.
In
May, the Oklahoma Legislature passed a new law to clarify the hunting wild pigs.
Feral hogs are no longer considered domestic animals, and are instead
defines as any hogs, including European and Russian wild boar which are running
at large and whose owner is unknown. In
the case where hog’s owner is known the hog will be defined as feral five days
after escaping confinement. If
notice is provided to adjacent landowners within those five days the hog, shall
not be considered feral for an additional 10 days.
For
bobwhite quail populations to enter breeding season in good condition,
biologists felt it important to eliminate the added stress the birds endure from
being pursued by hunters late in the winter. Closing the season earlier is
intended to generate increased broodstock carryover. With good breeding
conditions and proper habitat, more brood stock can translate to larger
populations the next fall. The
biological information suggests it was the right thing to do to help quail
populations help themselves.
Additionally,
hunters get to pursue birds earlier in November before predators or bad weather
remove birds from the population. Hunter
still have the same amount of hunting opportunity, it is just takes place a
little earlier in the year.
Why
is it illegal to sell wildlife?
Many
individual law protect against the illegal sale of wildlife and parts thereof.
The specific law on this subject that probably receives the most
attention concerns the sale of deer parts, especially antlers.
In Title 29, subsection 5-411.3, the Wildlife Code reads “Any antlers
or horns sold or traded shall have been removed from the skull of the deer in
such a way as to leave no portion of the skull attached.”
In
other words, it is legal to sell an antler as long as it is completely removed
from the skull plate and the seller can show with proper documentation (i.e.
carcass tag) that the animal was legally taken. This law discourages the illegal harvest of deer by disrupting
the black market for mounted trophy heads.
To be legally recognized by any official record book (Cy Curtis, Boone and
Crocket, Pope and Young etc.), a rack must be fully intact, and both antlers
must be attached to the skull plate. Removing
the antlers from the skull disqualifies the rack for any record book which
dramatically depreciates its black market value.
For
additional questions concerning the sale of deer parts or other fish and
wildlife laws, contact the Wildlife Department’s Law Enforcement Division at
405/521-3719.
Why
is it illegal to hunt migratory game birds over baited areas?
Regulations
concerning hunting migratory game birds over baited areas are complex and have
recently changed. Some confusion still exists, however, about what constitutes a baited area.
The hunting regulations define baiting as “the placing, exposing,
depositing, distributing or scattering of grain or other feed that could
serve as a lure or attraction for migratory game birds to , on, or over areas
where hunters are attempting to take them.”
This section of law goes on to add that an are shall be considered baited
for 10 days after complete removal of any bait and that it is the hunter’s
responsibility to ensure an area is legal prior to hunting.
If
bait is not present, why is it still illegal to hunt an area for 10 days?
Migratory game birds, like many other wildlife species, are learned
behaviorists. Even the act of
migration is not entirely instinctual. These
birds, like dove, become aware of reliable feeding areas and therefore become
patternable by hunters. The birds
will continue to revisit the area for several days, even if it was absent of any
bait the last time they were there.
Because
of this, ethical hunters will easily recognize the need for a stipulation such
as not allowing hunting within 10 days after removing bait.
After all, fair chase should be the main course of any well rounded,
balanced hunt.
For
years, biologists have known the devastating effects that ingested lead shot has
on waterfowl. Lead pellets,
mistaken for food or picked up as grit, are ground into lead salts by the
birds’ gizzards. The salts are absorbed
into the bloodstream, resulting in death from lead poisoning.
Some
waterfowl feed primarily in wetland units that may be dry in September, but are
flooded when the ducks arrive in November.
Many ducks and geese, however, travel to upland grain and green fields to
dine on an easy meal. Remnant lead
shot deposited from dove, rabbit or quail hunters could wind up in these
birds’ digestive tracts. Food
plots and grain fields on and around wetland areas are heavily used by the
birds, making it imperative that hunters use steel shot rather than lead shot
when hunting there.
Waterfowlers
have been required to use nontoxic shot across the country since the late 1980s.
Since then, duck numbers have steadily increased, and the future of waterfowling
looks bright. Using steel shot is
just one of the many ways hunters can help ensure that bright future remains
bright.
Because
migratory birds like dove, ducks and geese are hunted in Canada, the United
States and Mexico, it is essential
that wildlife biologists have accurate information about how many hunters pursue
these birds and how many they harvest. But
until the Migratory Bird Harvest Information
Program, a comprehensive accounting of this information was not always
available.
Although
a federal mandate requires all states to hold hunting seasons for migratory
birds, Oklahoma’s wildlife biologists say hunters should view the program as
an opportunity to contribute to better wildlife management.
When
you fill out a HIP permit, your name is entered into a computer that places you
on a mailing list to receive a survey for a more detailed account of your
success during the previous hunting season. Think of your HIP permit as a
computerized check station you visit from the privacy of your home.
With more accurate harvest information, biologists can manage migratory
bird hunting more effectively than ever – and that means better hunting
opportunities in the future.
The
law is designed to prevent party hunting, an illegal practice where hunters in a
group pool or share their deer permits. Requiring hunters to immediately attach
their name and license number to the deer helps curb this illegal practice.
Most
wildlife populations are managed on a maximum sustained yield basis.
Harvest regulations are set which provide for the most individual hunting
opportunity, but party hunters operate outside these rules and jeopardize the
Department’s management strategy. White-tailed
deer are thriving in Oklahoma today because of sound management practices and
prudent harvest regulations. By
understanding and obeying Oklahoma’s wildlife laws, you will help protect the
privilege of deer hunting in the Sooner State.
As a landowner, am I liable for injuries of people hunting on my land?
Good news for landowners. Several Oklahoma laws indicate, in general, that when granting people free access to their property for recreational purposes, landowners are limited from liability for most recreation related injuries caused by the person which goes on the land.
Approximately 97 percent of Oklahoma land is privately owned. The purpose of these laws is to encourage landowners to make their land available for outdoor recreational purposes.
According to Oklahoma law an owner or lessee who provides members of the public free access to their land for outdoor recreational purposes has no duty to ensure the safety of those individuals. The statute defines outdoor recreational purposes as activities including, but not limited to, hunting, fishing, nature study and hiking.
It is important to note that this limited liability does not apply if a landowner charges any type of fee in exchange for access to the property or if any commercial activity which is related to the recreational use is conducted.
To review specific language of Oklahoma laws dealing with landowner liability go to www.oscn.net. Oklahoma laws dealing with landowner liability include: 2 O.S. 2001, Section 1301-315; 76 O.S. 2001, Sections 10 through 14; 29 O.S. 2001, Section 5-202 and 29 O.S. 2001, Section 3-312.
Why
is the Double-crested cormorants such a problem?
Issues
concerning double-crested cormorants are of great interest in Oklahoma,
especially to the state's anglers. The
resurgence of double-crested cormorant populations over the last 30 years has
led to increasing concern about the birds' impact on commercial and recreational
fishery resources. Cormorants and other water birds such as pelicans and herons
can have significant impacts on fish populations at fish farms, hatcheries, and
sites where hatchery-reared fish are released.
There
is only limited data documenting the birds' impacts on sportfish populations in
the U.S., although many fishermen believe they negatively impact fishing.
Because cormorants are protected by the Migratory Bird Treaty Act, the
birds cannot be captured or killed unless depredation permit is obtained from
the U.S. Fish and Wildlife Service. In other words, the birds are federally
protected, and large-scale control measures - such as egg destruction or
shooting them while concentrated in winter flocks - are not viable options and
are not legal.
In-depth
information on current cormorant-related issues is available by logging on to
the World Wide Web at
www.migratory.fws.gov/issues/cormorant.cormorant.html