Intertribal Title 23 – Wildlife Code Conservation

Tribal code

Ask Donna

What actually matters in this document.

Text

Intertribal Title 23 – Wildlife Code Conservation

Regulations

CHAPTER 1 – GENERAL REGULATIONS

Subchapter 1 – Licensing

Section 1–101 – Valid Hunting and Fishing Licenses.

The issuance of licenses for hunting and fishing shall fall to each tribe of which the individual is

a citizen. All persons hunting, fishing, or trapping within the lands of tribes within this compact

must possess a valid license issued by their respective tribe. See Chapter 4 for Reservation

Specific Regulations.

Section 1–102 – Reciprocal Intertribal Agreements.

Reciprocal intertribal hunting, fishing, gathering, or trapping agreements may be entered into

between participating tribes in accordance with applicable law.

Section 1–103 – Game Specific Licenses.

All game-specific licensing requirements shall be determined and issued by the tribe of which

the individual is a citizen, subject to applicable federal requirements.

Section 1–104 – Intertribal Outdoor Profile Requirement

A. Outdoor Profile Registration Required

All persons hunting, fishing, trapping, or otherwise participating in outdoor activities regulated

under this Code shall complete and maintain an active Outdoor Profile through the official

Intertribal Wildlife E-Check System prior to engaging in such activities.

B. Enrollment Verification

1

Each participating tribe shall independently verify the enrollment status of its own applicants

prior to issuance of licenses or approval of Outdoor Profiles.

Enrollment records and tribal citizenship information:

1. Shall remain confidential;

2. Shall not be publicly accessible;

3. Shall not be shared outside of the governing tribe except as otherwise authorized by tribal

law; and

4. Shall be protected consistent with applicable tribal privacy policies and laws.

C. Required Information

The Outdoor Profile shall include, at minimum:

1.

2.

3.

4.

Full legal name;

Current contact information;

Hunting and fishing license information; and

Any other information required by the governing tribe of the reservation or Intertribal

Wildlife Council.

D. Recommended Documentation While in the Field

While engaged in hunting, fishing, trapping, or other regulated outdoor activities, all

outdoorsmen are strongly encouraged to carry on their person:

1. A printed paper copy of their Outdoor Profile or proof of registration;

2. Their valid tribal enrollment card; and

3. A valid government-issued photo identification card.

E. Electronic Verification

Nothing in this section shall prohibit the use of electronic or digital proof of registration where

accepted by the governing tribe of the reservation or enforcing authority.

Section 1–105 – Resident and Nonresident Fee Structure

A. Current Eligibility

At this time, participating tribes within this Compact may issue hunting, fishing, trapping, or

other outdoor recreation licenses, permits, and tags to enrolled members of federally recognized

tribes participating in this Compact, subject to applicable laws, regulations, and reservationspecific requirements.

B. Resident and Nonresident Fee Authority

2

The Intertribal Wildlife Council and participating tribes recognize that future wildlife

management decisions may require adjustments to resident and nonresident fee structures based

upon:

1.

2.

3.

4.

5.

6.

Wildlife harvest data;

Biological sustainability;

Resource availability;

Conservation needs;

Hunting and fishing pressure; and

Administrative or operational costs.

Accordingly, the Intertribal Wildlife Council and participating tribes reserve the authority to

develop and implement resident and nonresident license, permit, tag, access, or participation fees

for hunting, fishing, trapping, or outdoor recreation activities within the lands of participating

tribes.

C. Reservation-Specific Authority

Each participating tribe shall retain the authority to:

1.

2.

3.

4.

Establish its own resident and nonresident fee structure;

Determine eligibility requirements;

Establish reservation-specific permits, access restrictions, or quotas; and

Adopt additional rules or limitations regarding participation within its jurisdiction.

Additional reservation-specific requirements, fees, or limitations shall be contained within

Chapter 4 – Reservation-Specific Regulations and applicable Reservation-Specific Addendums.

D. Sovereignty Preserved

Nothing in this section shall be construed to require any participating tribe to issue licenses,

permits, tags, or access privileges contrary to tribal law or policy.

Subchapter 2 – Land Use Permitting

[Reserved – Land Use Permitting is determined by individual tribes]

Subchapter 3 – Hunter Safety

Section 1–301 – Hunter Safety Education Required.

A. Any person hunting within the lands of tribes within this compact must possess a hunter

safety education certification, except as provided in Subsection B.

B. The following persons shall not be required to possess a hunter safety education certification:

3

1. Children under the age of sixteen (16) (“Youth Hunter”) who are accompanied by an

individual eighteen (18) years of age or older (“Adult Hunter”) who possesses a hunter

safety certificate or is exempt under this section, provided that:

a) While hunting small game, the Adult Hunter remains in sight of the Youth Hunter and

able to communicate in a normal voice without electronic aid;

b) While hunting big game, the Adult Hunter remains within arm’s length or close

enough to immediately take control of the firearm or archery equipment.

2. Persons thirty-one (31) years of age or older;

3. Persons honorably discharged from the U.S. Armed Forces;

4. Persons currently serving on active duty in the U.S. Armed Forces; or

5. Members of the National Guard.

Subchapter 4 – Fee Schedule

Section 1–401 – Schedule of Fines and Fees.

A. The fines and fees for violations of these regulations shall be determined by each tribe.

Subchapter 5 – Intertribal Wildlife Council

Section 1–501 – Establishment

A. The Intertribal Wildlife Council (“Council”) is hereby established for purposes of

coordinating wildlife conservation, intertribal regulatory consistency, season

recommendations, biological management, and administration of this Intertribal Wildlife

Code.

B. The Council shall act in an advisory and administrative capacity consistent with the

authority delegated by participating tribes.

Section 1–502 – Membership

1.

2.

3.

4.

5.

1.

2.

3.

4

A. Each participating tribe may appoint representatives to serve on the Intertribal

Wildlife Council.

B. Appointed representatives may include:

Wildlife officials;

Conservation officers;

Natural resource personnel;

Legal advisors; or

Other persons designated by the participating tribe.

C. Each participating tribe shall determine:

The number of representatives appointed;

Terms of appointment; and

Procedures for removal or replacement.

Section 1–503 – Authority

1.

2.

3.

4.

5.

6.

7.

Subject to applicable tribal law and approval procedures established by participating

tribes, the Council may:

Recommend amendments to this Code;

Develop and adopt Annual Season Dates Addendums;

Establish bag limits, conservation measures, and wildlife management policies;

Coordinate intertribal enforcement and biological management efforts;

Issue emergency closures or restrictions when necessary for conservation or public

safety;

Develop reservation-specific addendum templates; and

Perform other duties authorized by participating tribes.

Section 1–504 – Annual Addendums and Emergency Orders

A. The Intertribal Wildlife Council may adopt Annual Season Dates Addendums,

emergency wildlife management orders, conservation directives, and related regulatory

actions consistent with this Code.

B. Upon adoption by the Council, such addendums and emergency orders shall have the

force and effect of regulations under this Code.

Section 1–505 – Sovereignty Preserved

1.

2.

3.

4.

Nothing in this Subchapter shall be construed to:

Diminish the sovereignty of any participating tribe;

Require a tribe to adopt or enforce any regulation inconsistent with its own laws;

Limit the authority of a tribe to adopt reservation-specific regulations; or

Supersede applicable federal law.

Section 1–506 – Reservation-Specific Authority

Participating tribes retain authority to adopt and enforce reservation-specific wildlife

regulations applicable within their respective jurisdictions through Reservation-Specific

Addendums or other lawful tribal action.

5

CHAPTER 2 – HUNTING REGULATIONS

Subchapter 1 – Methods and Times of Take

Section 2–101 – Methods of Take During Archery Season.

A. During Archery Season, any person taking game under such license may only employ the use

of either a Bow or Crossbow, subject to limitation and requirements below.

B. Any Bow may be employed provided that:

1. Any Compound Bow has no less than 30 lbs. of draw weight.

2. Any recurve, longbow, or self-bow must have 40 pounds or more of draw weight.

3. Regardless of the kind of bow employed, a hunter may use Hand-held releases.

C. Broadheads. Every person must ensure that:

1. Any Arrows and/or bolts are fitted with hunting-type points not less than 7/8 inches wide,

including mechanical broadheads meeting this width requirement when fully open.

D. Crossbows. Every Crossbow must have a minimum of 100 pounds draw weight and be

equipped with safety devices. Bolts must be a minimum of 14 inches in length. Leverage gaining

devices are legal.

1. The use of crossbows and conventional longbows with a device that permits the bow to

be held mechanically at full or partial draw, are lawful hunting methods during any open

season when conventional longbows are a legal means of take.

E. Firearms Restrictions with archery. Unless otherwise provided by law, no person may carry or

use any firearm in conjunction with archery equipment during any archery season, provided that:

1. Hunters may carry both archery equipment and a muzzleloader during the muzzleloader

season, provided they have the appropriate licenses and follow other muzzleloader season

regulations; and

2. Hunters also are allowed to carry both archery equipment and legal firearms during any

modern gun season, provided they have the appropriate licenses and follow other

regulations to participate in those seasons.

6

Section 2–102 – Methods of Take During Gun Seasons.

A. During an Intertribal Gun Season, any person taking game under such license may only

employ the use of equipment described below:

1. Any centerfire rifle firing at least a 55-grain weight soft-nosed or hollow-point bullet;

2. Any centerfire shotgun firing a single slug;

3. Any Centerfire handgun:

a) firing a single bullet with at least a 55-grain weight; and

b) a length longer than four inches.

Section 2–102(B) – Air Bows

1. Air bows, including pneumatic or compressed-air powered arrow launching devices, shall

be considered a lawful method of take for big game during any open modern gun season

where rifles are otherwise authorized.

2. Air bows shall not be considered lawful archery equipment during any archery-only

season.

3. Air bows shall not be considered lawful muzzleloading firearms during any muzzleloader

season.

4. For purposes of this Code, an “air bow” means any device that utilizes compressed air or

pneumatic force to discharge an arrow or bolt.

Section 2–103 – Gun Season Time of Take.

A. Generally, no person shall take or attempt to take wildlife from thirty (30) minutes after

official sunset until thirty (30) minutes prior to official sunrise.

B. Exceptions:

1. During big game gun seasons, it shall be legal to hunt raccoon, coyotes, feral swine, and

bobcats during their legal season dates at night with thermal devices, and or other light

enhancement devices.

2. As otherwise specifically provided in these Conservation Regulations.

7

Section 2–104 Prohibited Devices During Gun Seasons

No person shall employ any of the following devices in the taking, attempted taking, or pursuit

of game during any Gun Season:

1.

2.

3.

4.

Fully automatic firearms,

Laser sights (unless certified 100% disabled or legally blind);

Thermal tracking devices, unless exempt under provision Section 2–103(B)(2).;

Light enhancement devices (including night scopes) from official sunset to official

sunrise unless exempt provision Section 2–103(B)(2); or

5. Centerfire rifles and pistols .50 caliber and larger are prohibited.

Section 2–105 Muzzleloader Seasons

A. No person shall employ the use of any firearm during a Muzzleloader season except:

1. Muzzleloading rifles larger than .40 caliber

2. Muzzleloading pistol larger than .40 caliber

3. A shotgun 20-gauge or larger firing a single slug or ball, provided that the firearm is

loaded from muzzle.

B. No person shall carry or use any modern firearm in conjunction with any legal muzzleloading

firearm during any muzzleloader season.

C. Illegal Devices. The following devices are expressly prohibited from use in the taking,

attempted taking, or pursuit of game during a Muzzleloading Season.

1.

2.

3.

4.

Black Powder firearms loaded from the breech;

Laser sights (unless certified 100% disabled or legally blind);

Thermal tracking devices; and

All light enhancement devices (including night scopes) from sunset to sunrise.

Section 2–106 – Hunter Orange Requirements

A. Any person hunting during any firearm or muzzleloader season shall prominently wear both:

1. A head covering; and

8

2. An outer garment

containing at least four hundred (400) square inches of hunter orange material visible

from all sides above the waist.

B. Hunter orange must be daylight fluorescent orange in color. Camouflage orange patterns are

permissible provided the required visibility is maintained.

C. The requirements of this section shall not apply to:

1.

2.

3.

4.

Persons hunting waterfowl from stationary blinds;

Persons hunting migratory birds;

Archery-only hunters during archery-only seasons; or

Other exemptions specifically authorized by the governing tribe of the reservation or

Intertribal Council.

Section 2–107 Trapping Devices.

During any trapping season, a person attempting to trap game may only employ the following

kinds of traps:

1. Box traps; smooth-jawed, single spring, foot-hold steel traps with a jaw spread no greater

than eight inches;

2. Smooth-jawed, double-spring offset jawed, foot-hold steel traps with a jaw spread no

greater than eight inches;

3. Enclosed trigger traps (dog-proof traps);

4. The use of Conibear or “body-gripping” traps are not allowed unless they meet one of the

following criteria:

a) they are fully submerged;

b) they have a jaw spread of less than or equal to 5 inches (a Conibear #120 or smaller);

c) they are placed in a leaning pole set with a pole diameter of no larger than 4 inches and

with trap and bait set at least 48 inches above the surface;

d) if they have a jaw spread of >5 inches, they can be placed with the trigger recessed a

minimum of seven inches and contained in a wood, plastic, or metal enclosure or cubby

with an opening no larger than 52 square inches.

5. Non powered Cable Restraint devices “previously termed snare.” All cable restraint

devices must include all of the following to be no longer than 7 feet in length

a) Possess a breakaway device for the release of large non-target animals such as

livestock

b) Possess a Relaxing lock mechanism

c) A stop ferrule must be placed at 8 inches or more from the cable loop end to prevent

the minimum loop from closing less than 2 1/2 inches in diameter (Deer Stop).

9

d) A stop ferrule, or a swivel to connect the loop and extension cable, must be placed at

38 inches from the cable loop end to create a maximum catch loop diameter of 12 inches.

Section 2–108 – Setting and Tending of Traps.

A. No trap may be set in the open, or in paths, roads, or runways commonly used by persons,

dogs, or other domestic animals.

B. Visiting of Traps. Traps must be tended once each 24-hour period.

C. Number of Traps. Trapping license holders have no limit on the number of traps.

D. Identification of traps: All traps must bear the first and last name of the hunter, unless the

traps are set on property owned or leased by the owner of the traps.

E. Posting of traps:

1. When smooth-jawed double spring offset traps are used, the posting of signs shall be

required at all entrances from public roads and highways.

2. Signs must have minimum dimensions of five inches by eight inches and the wording

“Traps” must be included and be conspicuous on the signs and printed in letters at least

two inches tall.

3. Exemptions. Persons trapping on property owned or leased by the owner of the trap need

not post signage.

F. Permission to trap. No person may trap on the inhabited land of another without first obtaining

from the owner or occupant thereof a written permit to do so.

Section 2–109 – Small Game Methods of Take.

A. A Person taking, attempting to take, or in pursuit of small game, may employ only the

following methods of take:

1. Any Conventional or Muzzleloading Shotgun;

2. Any Conventional or Muzzleloading Rifle, provided that such rifle is smaller than .50

caliber;

3. Any Handgun;

4. Archery equipment;

10

5. Slingshot.

6. Rimfire Rifles and Pistols

7. Atlatl

8. Blow gun

9. Spear

10. Air or spring powered pellet or BB guns

Section 2–110 – Multiple Methods of Take.

A. A Hunters may carry both archery equipment and a muzzleloader during the muzzleloader

season provided that they have the appropriate licenses and follow other muzzleloader season

regulations.

B. A Hunter may carry both archery equipment and legal firearms during any modern gun

season, provided they have the appropriate licenses and follow other regulations to participate in

those seasons.

Section 2–111 – Suppressors (Silencers).

Hunters are allowed to use legally acquired and possessed suppressors to hunt game animals,

game birds or nongame birds on both private and public lands.

Section 2–112 – Shotgun Pellet Restrictions.

A. Generally. No person in the field may possess, harvest or attempt to harvest any wildlife,

except waterfowl, with a shotgun using shot larger than #4 buckshot.

B. All waterfowl must be taken using non-toxic shot only (No Lead Shot).

C. Exemption. The prohibition in Subsection A shall not extend to the Feral swine. Feral Swine

are not wildlife and may be harvested with any shotgun pellet size.

Section 2–113 – Motor Vehicles.

No person may use a motor-driven land, air, or water conveyance to directly aid in the taking,

attempted taking, harassment, pursuit, capture, or killing of wildlife while the motor-powered

conveyance is being actively operated in connection with the take of such wildlife.

This section shall not prohibit:

11

1. The lawful transportation of hunters, equipment, or harvested wildlife;

2. The lawful use of boats or other water conveyances for waterfowl hunting or access

purposes;

3. The retrieval of lawfully taken wildlife; or

4. Hunting by a non-ambulatory person possessing a valid non-ambulatory or motor vehicle

permit.

Section 2–114 – Spotlighting

A. Generally, no person may take, attempt to take, catch, attempt to catch, capture, attempt to

capture, capture, kill, or attempt to kill any deer or other wildlife by the use of a vehicle-mounted

spotlight, or other powerful light at night by what is commonly known as “headlighting” (or

“spotlighting”) or use any light enhancement device (night scope).

B. Exception:

1. Nothing in this code shall prevent one from possessing a firearm and a light carried on his

person while checking traps for furbearers or feral swine, or while in pursuit of furbearers

with hounds during legal open furbearer season;

2. Opossums, armadillos, raccoons, and beavers may be hunted at night with the use of a

light enhancing device or handheld light;

3. Bowfishing for non-game fish species;

4. Pursuit of frogs;

5. The pursuit of bobcats, coyotes and feral swine can occur at night through the use of

spotlights, thermal devices, and or other light enhancement devices except during big

game modern gun season.

Section 2–115 – Hunting with Dogs

A. Dogs may not be used in taking, attempted taking, or pursuit of any bear, deer, elk, or turkey.

B. Dogs may be employed in the blood tracking of a wounded animal provided that:

1. Blood tracking dogs must remain on a 15’ maximum leash at all times; and

2. The leash must be held by someone at all times.

C. Dogs may be employed in the hunting of feral swine on the following property types during

the prescribed dates:

1. On Private property where the hunter has the written permission of the landowner, feral

swine may be pursued year-round.

2. On Public Property including lands owned, leased, or managed by the governing tribe of

the reservation, feral swine may be pursued with permission from the governing tribe:

12

a) As otherwise provided by area specific regulations.

D. Dogs may be employed in the hunting of furbearers on the following property type during the

prescribed dates:

1. On Private property where the hunter has the written permission of the landowner,

furbearers may be pursued year-round.

2. On Public Property including lands owned, leased, or managed by the governing tribe of

the reservation, furbearers may be pursued year-round with permission from the

governing tribe:

a) As otherwise provided is area specific regulations.

E. Nothing in this section should otherwise prevent the use of a dog in taking, attempted taking

or pursuit of any game unless prohibited in this section or Chapter 4 by the governing tribe.

Section 2–116 – Computer-Aided Hunting

A. No person may use, or attempt to use, any computer software or any service that allows a

person who is not physically present, to remotely control a firearm or weapon to hunt any live

animal or bird.

B. Transacting in prohibited devices.

1. Generally, no person shall engage in any activity that provides, sells, offers for sale,

assists in, or provides facilities for computer assisted remote control hunting of wildlife

such as remote drop traps for feral swine, except with special permission from the

governing tribe.

Section 2–117 – Drones

A. Drones of any kind may not be used for the pursuit or take of any wildlife.

B. The use of Drones or thermal drones is prohibited on any federal lands including but not

limited to lands managed by the governing tribe of the reservation.

C. Thermal drones may be used for the recovery of game only with the permission of the Game

Warden.

D. Area specific regulations may be provided at the direction of the governing tribe of the

reservation.

13

E. No person shall hunt, pursue, take, attempt to take, or assist in the taking of any wildlife on

the same calendar day that such person has operated, controlled, deployed, or utilized a drone or

unmanned aerial system.

For purposes of this section, “same calendar day” means the period beginning at 12:00 a.m. and

ending at 11:59 p.m. local time.

Section 2–118 – Scientific Purpose

A. No person may kill or capture wildlife or take their nests or eggs for scientific purposes

without having first procured a specified research license from the governing tribe of the

reservation.

B. A scientific purposes license may be issued to anyone sixteen (16) years of age or older when

the Approving Official is presented with:

1. A written testimonial from one well-known scientist or from any well-known scientific

institution, testimonial certifying to the good character and fitness of the individual; and

2. A signed application listing:

a) The species sought,

b) The means to be used to take such species,

c) The reason for the collection, and

d) The beginning and end date of said proposed research.

3. Each license shall list the species that the licensee is permitted to take, the means of

taking, and the period during which such may be taken.

4. Each licensee shall report to the governing tribe of the reservation at the end of each year

the number and species of wildlife taken or killed and any other relative collection data as

the Department may require.

5. Upon application, licenses may be renewed without complying with the provisions of

Subsection B. However, no license may be renewed before the receipt of an annual

report.

6. Licenses may be revoked at any point and time by the governing tribe of the reservation

if deemed necessary.

7. Upon conviction that any licensee killed or captured wildlife, took nests or eggs for other

than scientific purposes, or took any game by means other than that described on the

license, the licensee shall be punished in the same manner as though the license had never

been issued, and the license shall be void.

Section 2–119 – Management of Depredating Animals by Use of Aircraft

14

The Oklahoma Department of Agriculture, Food, and Forestry (ODAFF) is authorized by the

state of Oklahoma to issue a permit to a person to engage in the management of depredating

animals by use of aircraft. The governing tribe of the reservation shall recognize such permit

within the jurisdiction of the Intertribal Entity provided that ODAFF provides written notice of

such activities and the governing tribe of the reservation does not object within ten (10) days.

The ODAFF permits may be issued without limitation by season regulations or bag limits.

Section 2–120 – Falconry

A. Falconry is a legal method for hunting and taking resident game, pursuant to the provisions of

this section.

B. Any exotic species of hawk, falcon, owl, eagle, or other raptor and any native species of

hawk, falcon, owl, eagle, or other raptor may be used for the sport of falconry. Hawks, falcons,

owls, eagles, and other raptors which are bred in captivity in accordance with federal regulations

may be sold, possessed, traded or bartered, by persons licensed as required, and may be

possessed, trained and used only by persons licensed.

C. Hawks, falcons, owls, eagles, and other raptors may be transported into and out of the

boundaries of the Intertribal Jurisdiction. However, persons possessing a valid falconer’s license

or equivalent license from another jurisdiction and who are in compliance with federal law may

transport raptors into and out of the Intertribal Jurisdiction without acquiring an Intertribal

license or notifying the governing tribe of the reservation.

D. No person may use hawks, falcons, owls, eagles or any other raptor to hunt, chase or take

game without having first acquired a falconer’s license.

E. All falconers shall have a falconer’s license or equivalent license unless legally exempt.

F. The fee for a falconer’s license shall be set and issued by the governing tribe of the reservation

and be valid for 3 years.

G. Any person with a falconer’s license whose hunting raptor accidentally kills wildlife that is

out of season shall leave the dead wildlife where it lies, except that the raptor may feed on the

wildlife prior to leaving the site of the kill.

Section 2–121 – Shoot-to-Kill Field Trial

A. No person may take, nor may any organization permit to be taken, during any field trial, any

legally acquired domestically reared pheasant, coturnix quail, bobwhite quail, Indian chukars, or

other similar suitable birds, without that person having first procured a hunting license and

15

without that person or organization having procured an annual license for a field trial from the

governing tribe of the reservation.

B. Permits issued under this section shall be restricted to dog owners, trainers, and bona fide dog

clubs.

Section 2–122 – Fire

No person shall concentrate, drive, hunt, take, capture, kill, or attempt to take any wildlife by aid

of any fire or smoke whether man-made or natural.

Section 2–123 – General Take

A. Open seasons, closed seasons, bag limits, catch limits, possession limits and territorial

limitations set forth in these Conservation Regulations shall be followed unless exempt.

B. It shall be unlawful to willfully and intentionally take or destroy at any time the nest or eggs

of any game bird, except as specifically permitted by law.

C. No person may knowingly and willfully, by means of any device, molest, injure or kill any

species of hawk, falcon, owl, or eagle, their nests, eggs, or young. This prohibition shall not

extend to licensed falconers and hawks and owls destroying domestic animals.

D. Illegal Devices.

1. Generally, unless otherwise provided by these regulations no person shall employ the use

of any:

a) Laser sights (unless certified 100% disabled or legally blind),

b) Thermal tracking devices,

c) Light enhancement devices (including night scopes) from sunset to sunrise.

2. Exception. The prohibition of Paragraph 1 shall not extend to the lawful hunting of feral

swine, coyote, and bobcat provided that such activity does not occur during any big game

gun season.

E. Prohibited Activities.

1. Generally, 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 wildlife using nets, cages, pitfall traps, baited hooks,

drugs, poisons, explosives, or similar prohibited devices.

16

2. Exception. The prohibition of Paragraph 1 shall not extend to the following activities:

a) Feral swine are not considered wildlife for purposes of this subsection and may be

trapped or netted; however, use of poison, explosives, or similar hazardous substances

remains prohibited unless otherwise authorized by the governing tribe of the reservation

permit;

b) Departmental employees and authorized agents when capturing wildlife for

propagation or management purposes;

c) Any person, group, or agency with written permission from the governing tribe of the

reservation or Game Ranger to use a specified method of take outside of these

Conservation Regulations per written permit;

d) Scientific purpose license holders;

e) Employees of the Oklahoma Department of Agriculture, Food, and Forestry Wildlife

Services Division and the United States Department of Agriculture Wildlife Services

while engaged in wildlife management activities for the protection of agriculture,

property, human health and safety, and natural resources; or

f) Any person using nonlethal, non-chemical capture or restraint of animals on licensed

commercial hunt areas for management, viewing, or photographic purposes.

F. Nothing in this Regulation shall be construed to exempt any person from the requirements and

provisions of federal law, federal regulations, and federal tax requirements for lawful use of any

device.

Section 2–124 – Wanton Waste Prohibited

A. No person shall intentionally or negligently leave, abandon, destroy, waste, or allow to spoil

the edible portions of any wildlife.

B. A person who harvests wildlife shall make a reasonable effort to:

1. Retrieve the harvested wildlife; and

2. Preserve all edible portions fit for human consumption.

C. For purposes of this section, “edible portions” shall include, at minimum, the meat of the:

1.

2.

3.

4.

Hind quarters;

Front quarters;

Backstraps; and

Tenderloins.

D. This section shall not apply to:

1. Wildlife unfit for consumption due to disease, contamination, spoilage, or other condition

beyond the reasonable control of the hunter;

2. Furbearers taken solely for lawful fur harvesting purposes; or

3. Feral swine unless otherwise provided by reservation-specific regulations.

17

E. Failure to make a reasonable effort to retrieve or preserve edible portions of harvested wildlife

shall constitute wanton waste and shall be punishable pursuant to this Code.

Section 2–125 – Sale of Wildlife Prohibited

A. Except as otherwise specifically authorized by this Code, federal law, or permit issued by the

governing tribe of the reservation, no person shall sell, offer for sale, barter, trade, purchase, or

possess with intent to sell any wildlife, wildlife parts, meat, hide, pelt, antler, horn, feather, egg,

nest, or other wildlife product taken under authority of this Code.

B. This section shall not prohibit:

1. The lawful sale or trade of properly tagged furbearer pelts where otherwise authorized by

law;

2. The sale of wildlife lawfully propagated or possessed under a valid commercial breeder,

propagator, scientific, rehabilitation, or commercial license issued pursuant to applicable

law;

3. The lawful sale of fish or aquatic species where specifically authorized by commercial

fishing regulations or permit; or

4. Any activity otherwise authorized under federal law or applicable tribal regulation.

C. Any wildlife sold, traded, bartered, or possessed in violation of this section shall be subject to

seizure and forfeiture pursuant to this Code.

Section 2–126 – Thermal and Light Enhancement Devices

A. Except as otherwise provided in this Code, no person shall use any thermal imaging device,

thermal scope, infrared device, night vision device, or other light enhancement equipment for the

pursuit, location, taking, or attempted taking of any big game species.

B. For purposes of this section, “big game” shall include deer, elk, bear, and turkey.

C. Thermal imaging devices, thermal scopes, infrared devices, night vision devices, and other

light enhancement equipment may be lawfully used for the hunting of:

1. Coyotes; and

2. Bobcats,

where otherwise authorized by this Code and applicable season regulations.

3. Raccoon

4. Feral Swine

5. Squirrel

D. Nothing in this section shall prohibit:

1. The possession or use of thermal or light enhancement devices for lawful wildlife

recovery purposes where otherwise permitted by this Code;

18

2. Use by law enforcement officers or authorized wildlife personnel acting within

the scope of official duties; or

3. Other uses specifically authorized by federal law, tribal regulation, or written

permit.

Section 2–127 – Discharge Near Public Roadways and Public Buildings

A. Public Roadways

No person shall discharge any firearm, air gun, air bow, bow, crossbow, or other hunting device

from any public roadway or highway.

For purposes of this section, “public roadway” shall mean the traveled or maintained portion of

any public road, street, highway, county road, state highway, tribal roadway, or roadway rightof-way open to public vehicular travel.

C. Exceptions

This section shall not apply to:

4. Authorized law enforcement officers acting within the scope of official duties;

5. Lawful self-defense or defense of another person;

6. Authorized wildlife management activities conducted by the governing tribe of the

reservation; or

7. Other activities specifically authorized by written permit from the governing tribe of the

reservation.

Subchapter 2 – Season Dates and Bag Limits

General Provision Regarding Season Dates

Season Dates: All season dates referenced in this Chapter shall be established annually through

the official Annual Season Dates Addendum adopted by the Intertribal Council.

19

Section 2–202 – Deer Seasons & Limits.

A. Between October 1 and January 15 of the following year, no person shall take more than six

(6) total deer combined and no more than two (2) antlered deer, subject to the following:

1. All Bag Limits are cumulative across all tribal lands within and the entirety of the state of

Oklahoma.

2. Exceptions:

a. Deer taken as part of a bonus or draw hunt held by the state of Oklahoma or the

governing tribe shall not count toward the season limit of six.

b. Antlerless deer taken during the annual Holiday Antlerless season do not count

against the season limit of six.

Bow Season

•

•

•

Season Dates: See Annual Season Dates Addendum.

Season Max Bag Limit: 6

Season Antler Bag Limit: 2

Youth Gun Season

•

•

•

Season Dates: See Annual Season Dates Addendum.

Season Max Bag Limit: 2

Season Antler Bag Limit: 1

Muzzleloader Season

•

•

•

20

Season Dates: See Annual Season Dates Addendum.

Season Max Bag Limit: 4

Season Antler Bag Limit: 1

Gun Season

•

•

•

Season Dates: See Annual Season Dates Addendum.

Season Max Bag Limit: 4

Season Antler Bag Limit: 1

Holiday Antlerless Gun Season

•

•

•

Season Dates: See Annual Season Dates Addendum.

Season Max Bag Limit: 2

Season Antler Bag Limit: 0

Section 2–203 – Turkey Seasons & Limits.

A. Legal turkeys must have a visible beard.

B. No person shall harvest more than one (1) turkey annually, regardless of season designation.

1. All Bag Limits are cumulative across all tribal lands within and the entirety of the state of

Oklahoma.

2. Exceptions:

a. Wild Turkeys taken as part of a bonus or draw hunt held by the State of Oklahoma or

the governing tribe shall not count towards the season limit of one.

Spring Youth Season

•

•

Season Dates: See Annual Season Dates Addendum.

Season Bag Limit: 1

Spring Turkey Season

•

•

Season Dates: See Annual Season Dates Addendum.

Season Bag Limit: 1

Fall Turkey Season

•

•

Season Dates: See Annual Season Dates Addendum.

Season Bag Limit: 1

Section 2–204 – Waterfowl Seasons & Limits.

21

A. No person shall hunt waterfowl without employing the use of non-toxic shot.

B. Daily Limits by Species shall be as follows:

C. All Bag Limits are cumulative across all tribal lands within and the entirety of the state of

Oklahoma.

September Teal

•

•

Season Dates: See Annual Season Dates Addendum.

Daily Limit: 6

Ducks, Mergansers, and Coots

•

Season Dates: See Annual Season Dates Addendum.

Youth/Veteran/Military Days

•

•

Season Dates: See Annual Season Dates Addendum.

Daily Limit: Same as regular duck limits

Resident Geese

•

•

Season Dates: See Annual Season Dates Addendum.

Daily Limit: 8

Dark Geese (e.g. Canada)

•

•

Season Dates: See Annual Season Dates Addendum.

Daily Limit: 8

Greater White-Fronted Geese

•

•

Season Dates: See Annual Season Dates Addendum.

Daily Limit: 2

Light Geese (Snow, Blue, Ross’s)

•

•

Season Dates: See Annual Season Dates Addendum.

Daily Limit: 50

Light Goose Conservation Season

•

•

22

Season Dates: See Annual Season Dates Addendum.

Daily Limit: None (no daily limit)

Section 2–205 – Migratory Game Bird

Dove

•

•

Season Dates: See Annual Season Dates Addendum.

Daily / Possession Limit: 15

Crow

•

•

Season Dates: See Annual Season Dates Addendum.

Daily / Possession Limit: No daily or possession limit

Woodcock

•

•

Season Dates: See Annual Season Dates Addendum.

Daily / Possession Limit: No daily or possession limit

Rail

•

•

Season Dates: See Annual Season Dates Addendum.

Daily / Possession Limit: No daily or possession limit

Snipe

•

•

Season Dates: See Annual Season Dates Addendum.

Daily / Possession Limit: No daily or possession limit

Gallinule

•

•

23

Season Dates: See Annual Season Dates Addendum.

Daily / Possession Limit: No daily or possession limit

Section 2–206 – Small Game

Squirrel (Fox and Gray)

•

•

Season Dates: See Annual Season Dates Addendum.

Daily / Possession Limit: 25

Rabbit – Cottontail

•

•

Season Dates: See Annual Season Dates Addendum.

Daily / Possession Limit: 10

Rabbit – Swamp

•

•

Season Dates: See Annual Season Dates Addendum.

Daily / Possession Limit: 3

Feral Swine (Hog)

•

•

Season Dates: See Annual Season Dates Addendum.

Daily / Possession Limit: No daily or possession limit

Section 2–207 – Furbearer Seasons

Swift Fox, Spotted Skunk, Ringtail

•

•

Season Dates: Closed Season.

Daily / Possession Limit: Closed. If seen, contact the governing tribe of the reservation

Wildlife Program.

Gray Fox / Red Fox

24

•

•

Season Dates: See Annual Season Dates Addendum.

Daily / Possession Limit: Combined limit of 2/day, max 1 red fox. Season limit 6, no

more than 2 red foxes.

River Otter

•

•

Season Dates: See Annual Season Dates Addendum.

Daily / Possession Limit: No daily limit; season limit 4.

Badger, Mink, Muskrat, Weasel

•

•

Season Dates: See Annual Season Dates Addendum.

Daily / Possession Limit: No limit.

Bobcat

•

•

Season Dates: See Annual Season Dates Addendum.

Daily / Possession Limit: No daily limit; season limit 20 per license.

Beaver, Nutria, Raccoon, Opossum, Striped Skunk

•

•

Season Dates: See Annual Season Dates Addendum.

Daily / Possession Limit: No daily, season, or possession limit.

Coyote

•

•

Season Dates: See Annual Season Dates Addendum.

Daily / Possession Limit: No daily, season, or possession limit.

Section 2–208 – Reptile and Amphibian Regulations

Rattlesnake (prairie, western diamondback, timber)

•

•

Season Dates: See Annual Season Dates Addendum.

Daily Limit: No daily limit

American Bullfrog

•

•

Season Dates: See Annual Season Dates Addendum.

Daily Limit: 15/day Bullfrogs

Other Reptile

25

•

•

Season Dates: See Annual Season Dates Addendum.

Daily Limit: 6/day

Section 2–209 – Upland Birds Season

Quail (Bobwhite and Scaled)

•

•

Season Dates: See Annual Season Dates Addendum.

Daily / Possession Limit: 10 daily / 20 possession after first day

Pheasant

•

•

Season Dates: See Annual Season Dates Addendum.

Daily / Possession Limit: 2 cocks daily / 4 possession after first day

Section 2–210 – Bear Seasons

(Reserved for Future Use)

Section 2–211 – Elk Seasons

(Reserved for Future Use)

Section 2–212 – Mountain Lion Seasons

(Reserved for Future Use)

26

Subchapter 3 – Baiting

Section 2–301 – Bait Defined

“Bait” shall mean the placing, exposing, depositing, distributing, or scattering of fruits,

vegetables, shelled, shucked or un-shucked corn, wheat or other grain or other feed.

Section 2–302 – Non-Bait methods

The following shall be considered non-bait, and are expressly permitted on all lands:

1. Salt or mineral without corn, oats, grain or feed;

2. Sardines or other lures used for trapping furbearers;

3. Scent lures; including but not limited to urine.

Section 2–303 – Baiting on Privately Owned Lands

Unless otherwise provided by these regulations, privately owned lands may be baited however

certain species including but not limited to turkeys and waterfowl are prohibited.

Section 2–304 – Time Period of Baiting

A baited area is considered to be baited for 10 days after complete removal of any bait.

Section 2–305 – Hunter Duty Regarding Baiting

27

Prior to baiting any area, hunters should verify its legality. If baiting in the area is illegal, hunters

are responsible for ensuring that the area has not been baited.

Section 2–306 – Baiting on Public Lands

A. Generally, baiting on publicly managed lands is prohibited. Publicly managed lands include:

1. Lands owned or managed by the State of Oklahoma’s Wildlife Department of

Conservation;

2. Lands owned or managed by the U.S. Army Corps of Engineers;

3. Lands owned by the governing tribes in this compact. See Chapter 4

B. Exception: Persons authorized to hunt on property owned or managed by the governing tribe

of the reservation, may engage in baiting consistent with other provisions of law and the

corresponding regulations issued by the governing tribe of the reservation.

Section 2–307 – Bait Restrictions

A. Baits to be used must have aflatoxin levels below or equal to 20 parts per billion (ppb).

1. Livestock grade corn is required.

2. Corn that is labeled deer corn or wildlife corn is often contaminated and can affect

reproductive health of a variety of species.

B. Turkey cannot be harvested within 100 yards of any bait.

C. No waterfowl may be harvested over any bait.

Subchapter 4 – Harvest Checking

Section 2–401 – Mandatory Intertribal Wildlife E-Check Reporting (Big Game

Only)

A. Applicability

This section shall apply only to the harvest of big game species, defined for purposes of this

Compact as:

28

•

•

•

•

Deer

Elk

Bear

Turkey

No other species shall be subject to the requirements of this section unless otherwise provided by

tribal regulation.

B. Requirement to Report Harvest

All persons who harvest any big game species within lands governed by this Intertribal Compact

shall report such harvest through the official Intertribal Wildlife E-Check System.

C. Method of Reporting

1. Harvest reporting shall be completed through:

o The official Intertribal Wildlife E-Check website, the specific address of which

shall be designated and published at a later time by the participating tribes; or

o An authorized telephone reporting system, if made available, for hunters who

elect to report harvests by phone.

2. Participating tribes may provide additional instructions, access points, or reporting

methods consistent with this section.

D. Time Requirement

1. Harvests must be reported no later than 24 hours after the time of take; or

2. Prior to the hunter leaving the field or transferring possession of the carcass, whichever

occurs first.

E. Confirmation Number and Tagging

1. Upon completion of the E-Check process, the hunter shall receive a unique

confirmation number.

2. The hunter shall:

o Immediately record the confirmation number; and

o Physically attach the confirmation (written, printed, or approved tag format) to

the carcass.

3. The confirmation shall remain attached:

29

o

o

To the carcass (or major portion thereof) until final processing; and

At all times while the animal is in transport or storage outside the hunter’s

immediate possession.

F. Possession and Transfer

1. No person shall possess, transport, or transfer any big game animal unless it has been

properly reported and tagged in accordance with this section.

2. When transferring possession, the confirmation number must accompany the carcass.

G. Electronic Verification

1. Proof of compliance may be demonstrated by:

o Physical tag; or

o Digital confirmation accessible via mobile device.

2. Enforcement officers may require presentation of such confirmation for inspection.

H. Intertribal Recognition

All participating tribes shall:

1. Utilize the Intertribal Wildlife E-Check System; and

2. Recognize confirmation numbers issued by any participating tribe as valid within

Compact lands.

I. Violations

Failure to comply with this section constitutes a violation subject to penalties as determined by

the enforcing tribe pursuant to Section 1–401 – Schedule of Fines and Fees .

Subchapter 5 – General Hunting Regulations

30

Section 2–501 – Equipment on Intertribal Lands

See Chapter 4 and Reservation Specific Codes.

Section 2–502 – Tree Stands on Public Lands

See Chapter 4 and Reservation Specific Codes.

Section 2–503 – Nest or Eggs of Game Birds – Take or Destruction

It shall be unlawful to willfully and intentionally take or destroy at any time the nest or eggs of

any game bird, except as specifically permitted by law.

Section 2–504 – Obstruction of Shooting, Hunting, Fishing or Trapping

A. A person may not willfully obstruct or impede the participation of any individual in the lawful

activity of shooting, hunting, fishing or trapping in this state. Provided, that nothing in this

section shall prohibit a landowner or lessee from exercising their lawful rights of prohibiting

hunting, fishing or trapping on their land, or any other legal right.

B. This section of law shall not prevent law enforcement from performing their enforcement

duties and any employee of the governing tribe of the reservation from performing their duties in

working with the public.

Section 2–505 – Duty to Comply with Seasons & Limits

Open seasons, closed seasons, bag limits, catch limits, possession limits and territorial limitations

set forth in these Conservation regulations shall be followed unless expressly exempt.

Section 2–506 – Impersonation

31

A. No person shall represent himself to be an authorized agent of the governing tribe of the

reservation unless such person has been so appointed by written order, which shall specifically

state the purpose and limits of authority to be exercised by such agent.

CHAPTER 3 – FISHING REGULATIONS

Subchapter 1 – General Fishing Regulations

Section 3–101 – Game Fish Defined

A. The following shall be considered Game Fish:

1.

2.

3.

4.

5.

6.

7.

Largemouth;

Spotted bass;

Smallmouth bass

Black and white crappie;

Channel catfish and blue catfish.

Walleye and Sauger, Saugeye

Whitebass, Striper and Hybrid.

B. Species not listed in Subsection A are Non-Game fish.

Section 3–102 – Native Non-Game Fish

A. The following shall be considered Native Non-Game Fish:

1.

2.

3.

4.

5.

32

Gars (including longnose, short-nose, and spotted);

Buffalo (including Smallmouth buffalo);

Flathead Catfish

Redhorse Sucker

Hog Sucker

Section 3–103 – Non-Native Invasive Non-Game Fish

A. The following shall be considered Nonnative, invasive fish species:

1.

2.

3.

4.

5.

Common carp;

Grass carp;

Bighead carp;

Silver carp; and

Black carp.

B. Non-Native Invasive non-game fish are excluded from the aggregate limit and may be taken

without limit unless otherwise specified by the Intertribal Wildlife Regulations.

C. It is unlawful to:

1. Fish without carrying a permit.

2. Catch fish that are dead or die as a result of angling and not remove those fish and bury

or burn them, except nothing will prevent anglers from returning fish remains, meaning

any fish that has been fileted or has had its entrails removed, to lakes and reservoirs (any

fish that does not meet length requirements must be returned to the water immediately).

No person may bury or burn any dead fish where it will become exposed through erosion

or where that land is at any time subject to overflow.

3. Sell, barter or trade fish, frogs or turtles, except with a commercial license.

4. Use, operate or park vehicles not registered for use on public roadways, on lands owned

or managed by the governing tribe of the reservation.

5. Use and/or place into any body of water any container, including but not limited to

drums, cans, tubs, boxes or barrels.

6. Tamper with the trotline, throwline, jugline or limbline of another person without

permission from that person.

7. Stock aquatic organisms in any public waters without written consent from the governing

tribe of the reservation.

8. Possess a game fish that has been fileted or had its head or tail removed while actively

engaging in fishing.

9. Possess fish in a tail water without keeping their fish separate, marked with their name

and permit number.

10. Use at any time in the waters for taking, catching, capturing or killing any game or

nongame fish with any of the following: any rotenone or other poison, dynamite or other

explosive, or any electrical device used for shocking purpose.

a) Exemptions: Special Permits for research are available if qualified through the

governing tribe of the reservation.

11. Have in his or her possession while in the field more than one daily limit of any fish

species regardless of method of take. Daily limits are for 24-hour periods (midnight to

midnight).

33

Subchapter 2 – Method of Take

Section 3–201 – General Prohibition

A. Generally, it shall be unlawful for any person to take any fish unless by the method of take

prescribed in this Chapter.

Section 3–202 – Generally, Permit Methods

A. These methods are legal for taking game and nongame fish throughout the year unless

restricted under special regulations.

B. Rod and Reel:

1. A person may use up to seven rods while fishing unless restricted further under special

regulations.

C. Trotline/Throwlines:

1. Trotlines/throwlines are restricted to no more than three lines and 100 hooks per person.

2. A legal trotline/throwline has:

a) No glass or metallic floating device on the line;

b) No metallic posts in water for attachment;

c) Lines made of nonmetallic material only;

d) Hooks at least 24 inches apart;

e) Owner’s name, address, and permit number attached to each line;

f) Been attended at least once every 24 hours;

g) Not be set within three feet of the surface of water at any point beyond six feet from

either point of attachment, except where water is less than three feet deep.

D. Jugline:

34

1. Juglines are restricted to no more than five hooks per line and 20 juglines per person.

2. A legal jugline is a vertical line suspended from a non-metallic or non-glass floating

device, drifting free or anchored, and has:

a) owner’s name, permit number and address attached;

b) been attended at least once every 24 hours.

E. Limbline:

1. Limb Lines are restricted to no more than two hooks per line and 20 limblines per person.

2. A legal limbline is a line attached to a limb, branch, other natural object, or nonmetallic

man-made material and has:

a) The owner’s name, permit number and address attached;

b) Been attended at least once every 24 hours.

F. Yo-Yo:

Yo-yos are restricted to no more than 20 per person and shall:

a) Have the owner’s name, permit number and address attached;

b) Not be left unattended for more than six hours;

c) Not be strung or suspended from any horizontal line across any channel or navigable

waterway;

d) Have no more than 10 yo-yos attached from any one line or support;

e) Not have metallic material in lines used for attachment;

f) Have lines no greater than 50 feet in length and must be placed or suspended without

restricting or impeding boat traffic. Lines must be visible to boats at all times, day or Subchapter

3 – Bag and Size Limits

g. Bow and Arrow: Bowfishing may be used to take nongame fish only, throughout the year in

all waters unless restricted in Chapter 4. Fish taken by this method count towards the daily bag

limit, and any carcasses or remains shall be properly disposed of. Legal bowfishing is restricted

to:

any bow (including a crossbow) comprised of a handheld riser, two limbs, and a string for

propulsion;

devices that permit a bow to be held mechanically at full or partial draw are permitted;

arrows must have one point, two barbs, and be attached to the bow with a line for retrieving fish.

h Gig, Grabhook, Spear and Speargun: Gigs and spears are legal for taking nongame fish and

white bass only. Grabhooks (handheld hook, handheld pole of natural or man-made material, or

rope with a single hook attached used in the initial taking of a fish) are prohibited in all waters.

Spearguns used by scuba divers are legal for taking nongame fish, blue and channel catfish. Fish

taken by this method count towards the daily bag limit, and any carcasses or remains shall be

properly disposed of.

35

Gigs, spears and spearguns shall:

A. Not contain more than three points with no more than two barbs on each point;

B. Be lawful in all rivers and streams from Dec. 1 through March 31, and year-round in all

reservoirs, unless restricted under Chapter 4 special regulations;

C. Gigs shall be lawful year-round in rivers and streams, unless restricted under Chapter 4.

I. Snagging: Snagging, the dragging of one single hook or one treble hook attached to a fishing

line through the water to impale fish, shall be lawful in all waters year-round for nongame fish

only unless restricted under Chapter 4. Only one rod or pole per angler is allowed while

snagging.

J. Noodling: Noodling is the taking of nongame fish and catfish by use of hands only. Possession

of hooks, gaff hooks, spears, poles with hooks attached or ropes with hooks attached while in the

act of noodling shall be proof of violation of the “hands only” noodling law. Noodling shall be

lawful year-round in all waters during daylight hours only unless restricted under Chapter 4.

K. Netting: The use of gill nets, trammel nets, hoop nets, or haul seines is prohibited.

L. Seines, Cast Nets, Trawls and Dip Nets (Noncommercial): Seining, cast netting, trawling and

dip netting bait for personal use is lawful in all waters year-round, however cast nets may be

used to take bait for personal use.

Any person may seine, trap or transport nongame fish commonly used for personal bait, provided

the seine does not exceed 20 feet in length and 1/2-inch mesh; unless seining for minnows, then

the mesh shall not exceed 1/4 inch. Minnow traps shall have a mesh size no greater than 1/2 inch,

shall not be longer than three feet, shall not exceed 18 inches in diameter on round traps or 18

inches on a side on square or rectangular traps. The trap entrance (throat) cannot exceed two

inches across the opening. No person shall fish with more than three minnow traps.

All minnow traps must have the owner’s information attached and the traps must be attended

once every 24 hours. All game fish and nongame fish not commonly used for bait must be

released immediately. It is unlawful to take or possess more than 25 nongame bait fish in rivers

or streams, except for shad, of which 200 may be taken or possessed. No person may possess

with intent to transport or transport via land-based transportation more than 200 nongame fish,

including shad, for personal use as bait (see Aquatic Nuisance Species (ANS) for special shad

restrictions). The sale, offer for sale, transport with intent to sell or offer to sell shad is

prohibited. Minnow traps cannot be made with glass. Cast nets shall have a mesh size no greater

than 3/8 inch square. Trawl nets pulled by motor-driven boats may not exceed three feet in

diameter and 3/8-inch square mesh. Cast nets, trawls and handheld dip nets are lawful for taking

nongame fish only as bait for personal use.

36

Section 3–301 – Season, Size, and Bag Limits

A. The following Seasons, Size Limits and Bag Limits for the following species shall

be as follows.

B. All Bag Limits are cumulative across all tribal lands within and the entirety of the

state of Oklahoma.

Largemouth and/or Smallmouth Bass

•

•

•

Season: Sept 1 – Aug 31

Daily Limit: 6

Minimum Size: 14 inches

Spotted Bass

•

•

•

Season: Sept 1 – Aug 31

Daily Limit: No limit

Size Limit: No limit

Blue and/or Channel Catfish

•

•

•

Season: Sept 1 – Aug 31

Daily Limit: 15

Special Limit: Only 1 Blue Catfish over 30 inches

Flathead Catfish

•

•

•

Season: Sept 1 – Aug 31

Daily Limit: 5

Size Limit: No limit

White and/or Black Crappie

37

•

•

•

Season: Sept 1 – Aug 31

Daily Limit: 37 combined

Size Limit: No limit

Paddlefish

•

•

•

Season: Sept 1 – Aug 31

Annual Limit: 2

Daily Limit: 1

Section 3–302 – Special Requirements for Paddlefish

A. Mondays and Fridays: Catch and release only.

B. All hooks must have barbs removed or completely closed.

C. When landing a paddlefish, it is illegal to use gaff hooks or any technique or device that

injures the fish, unless the angler is bowfishing.

D. Fish kept must be tagged immediately with a permit or license number.

E. Each cleaned paddlefish and its parts (carcass, meat or eggs) must be tagged and kept separate

from all other cleaned paddlefish or paddlefish parts. Paddlefish and paddlefish parts must

remain tagged until the person in possession of the same reaches their residence.

F. No person can possess eggs (attached to the egg membrane) of more than one paddlefish. No

person can possess more than 3 pounds of processed paddlefish eggs or fresh paddlefish eggs

removed from the membrane. Processed eggs are any eggs taken from a paddlefish that have

gone through a process that turns the eggs into caviar or into a caviar-like product.

G. No person can ship into or out of, transport into or out of, have in possession with the intent to

so transport, or cause to be removed from this state, raw unprocessed, processed or frozen

paddlefish eggs.

H. All paddlefish must have all internal organs removed before leaving the state.

I. Once a fish is kept, it cannot be released (no culling).

J. Once a fish is kept you must stop paddlefish fishing (snagging) for the day.

K. Paddlefish taken by bowfishing, gigs, spears and spearguns cannot be released. These

methods cannot be used Mondays and Fridays.

L. Snagging:

38

1. When snagging for paddlefish, anglers are allowed only one single hook or one treble

hook.

2. Snagging with more than one rod and reel is prohibited.

3. Snagging prohibited from 2200 hours to 0600 hours.

M. Must Report all harvested paddlefish to the Intertribal wildlife e-check within 24 hours from

time of harvest.

Subchapter 4 – Special Area Requirements

Section 3–401 – Landowner Consent Required

Except as otherwise provided, no person may fish, hunt, or trap upon the land of another without

the consent of the owner, lessee or occupant of such land.

Section 3–402 – Grand Lake

A. The following special regulations shall apply to fishing within the designated area

and supersede the general provisions set forth in Section 3–301 where applicable:

Section 3–402(A) – Definition of Grand Lake

For purposes of this Title, “Grand Lake” or “Grand Lake O’ the Cherokees” shall include all

waters of Grand Lake O’ the Cherokees and its connected tributaries within the jurisdiction of

the participating tribes, including but not limited to the Neosho River, Spring River, and Elk

River arms extending upstream to their ordinary recognized boundaries or state-designated

endpoints.

The governing tribe of the reservation and the Intertribal Council may recognize and publish

specific boundary descriptions, maps, or regulatory zones within the official Annual Season

Dates Addendum or related regulations for purposes of enforcement and fisheries management.

39

B.

Crappie (White and Black)

•

•

Daily Limit: Fifteen (15) crappie in aggregate per person

Size Limit: Minimum length of ten (10) inches

Paddlefish

•

•

•

Daily Limit: One (1) paddlefish per person

Annual Limit: Two (2) paddlefish per person

Special Restriction: No paddlefish fishing is allowed upstream on Spring River from

Twin Bridges to the Kansas State line

Walleye, Sauger, and Saugeye

•

•

Daily Limit: Six (6) fish in aggregate per person

Size Limit: Minimum length of fourteen (14) inches

Striped Bass

•

Daily Limit: Five (5) striped bass per person

Hybrid Bass

•

•

Daily Limit: Twenty (20) hybrid bass per person

Special Limit: No more than five (5) fish may exceed twenty (20) inches in length per

day

White Bass

•

Daily Limit: No limit

Black Bass (Largemouth, Smallmouth, and Spotted Bass)

•

•

40

Daily Limit: Six (6) fish in aggregate per person

Size Limit: Minimum length of fourteen (14) inches

CHAPTER 4 – RESERVATION SPECIFIC

REGULATIONS

Reservation-specific laws, regulations, access requirements, permitting requirements, season

restrictions, equipment restrictions, land use regulations, and other wildlife management

provisions adopted by each participating tribe shall be contained within the applicable

Reservation-Specific Addendum attached to and incorporated into this Intertribal Wildlife Code.

Each participating tribe may adopt and enforce reservation-specific wildlife regulations

applicable within its respective jurisdiction, provided such regulations are not inconsistent with

this Intertribal Wildlife Code or applicable federal law.

For all reservation-specific laws and regulations, see the applicable Reservation-Specific

Addendum attached hereto.

CHAPTER 5 – OTHERWISE UNSPECIFIED WILDLIFE

REGULATIONS

Subchapter 1 – Wildlife Breeders

Section 5–101 – Non-Commercial Wildlife Breeder’s License

A. Except as otherwise provided in this Title or in the Oklahoma Farmed Cervidae Act, no

person may breed or raise wildlife for personal consumption or noncommercial purposes without

having first contacted and received approval, and a license if deemed necessary from the

governing tribe of the reservation.

41

B. Licenses may be issued to any person that lawfully obtains wildlife, acts in good faith and

adheres to the laws of the Intertribal Wildlife Code.

Section 5–102 – Personal Use

A. Personal uses shall include:

1.

2.

3.

4.

Breeding for a hobby;

Education and scientific purposes;

Personal consumption;

Release on private property, except any bear or cat that will grow to reach the weight of

fifty (50) pounds or more; and

5. Care and rehabilitation of sick or injured wildlife.

Section 5–103 – Containment

All furbearers, game mammals, game birds, game fish and minnows raised under the provisions

of this Intertribal Wildlife Code are hereby required to be confined to the lands or waters

described in the application, and such wildlife must be confined in such manner as to prohibit

wild mammals, birds and fish from becoming part of the enterprise.

Subchapter 2 – Mussels

Section 5–201 – Harvest

A. No person may harvest, or attempt to harvest, or assist in harvesting, or sell, buy or export

mussels from the waters of the lands of tribes within this compact without having first

procured the proper license for such purposes if deemed necessary by the governing tribe of the

reservation.

B. Any person in the possession of more than twenty (20) mussels or parts thereof shall be

required to have the proper license as provided for in this section.

Section 5–202 – Species and Size Requirements

42

It shall be unlawful for anyone to take or possess the following mussel species or their shells

smaller than the following size limits:

1. Sand shells, muckets, creepers, grandmas, pocketbooks, lady fingers, squaw feet or

cucumbers, less than three (3) inches minimum diameter;

2. Maple leaf and three ridge, less than two and three-fourths (2 and 3/4) inches minimum

diameter;

3. Three knot, less than two (2) inches minimum diameter;

4. Washboards, less than four (4) inches minimum in diameter; and

5. All other species except Buckhorn and the Ouachita Rock Pocketbook which are

prohibited, less than two and one-half (2 and 1/2) inches minimum diameter;

6. All mussels shall be sized immediately after harvesting, before the harvester moves his or

her boat or begins another dive;

7. Mussels shall be measured by passing the mussel, shell included, through a circular

measuring device with the appropriate inside diameter. If the mussel passes through the

appropriate circular measuring device from any angle or direction it is too small and must

be returned to the water;

8. Nothing in this section shall prevent a person from taking six (6) or less mussels per day

of any size for noncommercial personal use;

9. No mussels shall be harvested except during daylight hours from sunrise until sunset.

Subchapter 3 – Nuisance Wildlife

Section 5–301 – Landowner Permits

A. The governing tribe of the reservation or Game Ranger may issue permits to landowners,

lessees, or their designated agents to control nuisance or damage by any species of wildlife

including but not limited to beaver, coyote, deer, bobcat, raccoon, feral swine and crow under

rules issued by the National Council.

B. Permits may be issued without limitation by season regulations, bag limits or method of take.

Persons with valid permits issued pursuant to this section may control the wildlife specified in

43

this subsection and feral swine at night to protect marketable agricultural crops, livestock, or

processed feed, seed or other materials used in the production of an agricultural commodity.

C. Permits shall be valid for one year unless otherwise designated on said permit.

D. Nothing in this section shall authorize the use of a headlight from a public roadway.

Section 5–302 – Release of Exotic Wildlife

A. No person shall release, introduce, stock, transplant, or otherwise place any exotic wildlife

within the lands or waters of a participating tribal jurisdiction without first obtaining written

authorization from the governing tribe of the reservation.

B. The governing tribe of the reservation may prohibit, regulate, restrict, or condition the

possession, propagation, transportation, importation, or release of exotic wildlife or invasive

species determined to threaten:

1.

2.

3.

4.

5.

6.

Native wildlife;

Wildlife habitat;

Agriculture;

Natural resources;

Public health; or

Public safety.

C. Nothing in this section shall authorize possession or release of wildlife prohibited under

applicable federal law.

Section 5–303 – Circuses and Traveling Exhibitions

A. Unless otherwise provided by reservation-specific regulation, this Code shall not apply to

circuses, traveling exhibitions, zoological displays, educational wildlife programs, or similar

entities possessing wildlife pursuant to applicable federal law.

B. Nothing in this section shall prohibit the governing tribe of the reservation from regulating:

1.

2.

3.

4.

5.

44

Public safety;

Animal welfare;

Importation or transportation of wildlife;

Disease prevention or control;

Environmental protection; or

6. Activities otherwise regulated by tribal or federal law.

Section 5–304 – Artistic, Ornamental, and Taxidermy Wildlife Possession

A. Except as otherwise specifically prohibited by federal law, this Code shall not be construed to

prohibit the lawful possession, purchase, sale, transfer, or display of hunting mounts, taxidermy,

preserved wildlife, or other similar wildlife displayed for:

1.

2.

3.

4.

5.

Artistic purposes;

Educational purposes;

Ornamental purposes;

Cultural purposes; or

Trophy purposes.

B. Nothing in this section shall authorize possession, purchase, sale, or transfer of:

1.

2.

3.

4.

5.

Illegally taken wildlife;

Endangered or threatened species protected by law;

Migratory birds protected by federal law;

Eagle feathers or eagle parts prohibited by federal law; or

Wildlife otherwise prohibited under applicable tribal or federal law.

Subchapter 4 – Enforcement

Section 5–401 – Aiding and Abetting

Every person who counsels, aids or abets another in the violation of any provision or section of

this Code shall upon conviction be punished in the same manner as the principal offender.

Section 5–402 – Seizure and Forfeiture

Any game ranger or peace officer is authorized to seize any item, equipment, vehicle or other

property, which is used or operated in violation of any provision of this act, or as otherwise

specified by the Wildlife Code, Intertribal Wildlife Code Title 23, or these Conservation

Regulations.

45

Section 5–403 – Restitution

A. If any person violates this Code and such violation causes or involves the unlawful

possession, taking, killing, destruction, waste, capture, netting, poisoning, shocking, trafficking,

or commercial exploitation of wildlife, the Tribal Court may order restitution to:

1. The governing tribe of the reservation;

2. The Intertribal Wildlife Council where applicable; and/or

3. Any affected landowner or injured party.

B. Restitution may include:

1.

2.

3.

4.

5.

6.

7.

Replacement value of wildlife;

Biological management costs;

Habitat restoration costs;

Investigative and enforcement costs;

Veterinary or rehabilitation costs;

Transportation and handling costs; and

Other reasonable costs incurred as a result of the violation.

C. Restitution ordered under this section shall be in addition to any criminal, civil, or

administrative penalties otherwise authorized by law.

Section 5–404 – Private Parks, Reserves, Clubs, and Resorts

The owner or lessee in possession of any private park, preserve, club or resort shall have

authority to make and enforce any additional rules and regulations not inconsistent with the

wildlife conservation laws for the protection of wildlife within said private park, preserve, club

or resort.

Section 5–405 – Possession of Wildlife

A. Except as otherwise provided, no person may possess:

1. Any wildlife or parts thereof during closed season for that species;

2. Any endangered or threatened species or parts thereof at any time; or

3. Any native bear or native cat that will grow to reach the weight of fifty (50) pounds or

more.

C. This prohibition shall not extend to persons possessing legally obtained wildlife.

46

Section 5–406 – License Suspension, Revocation, and

Appeals

A. Suspension or Revocation Authority

The governing tribe of the reservation, Intertribal Wildlife Council, Wildlife Program, or

authorized enforcement authority may suspend, revoke, deny, or place conditions upon any

hunting, fishing, trapping, or wildlife-related license or privilege issued pursuant to this Code for

violations of this Code or other applicable wildlife laws.

B. Grounds for Suspension or Revocation

Grounds for suspension, revocation, denial, or restriction may include, but are not limited to:

1. Unlawful take or possession of wildlife;

2. Exceeding bag or possession limits;

3. Hunting or fishing during closed seasons;

4. Wanton waste of wildlife;

5. Commercial trafficking or unlawful sale of wildlife;

6. Failure to comply with harvest reporting requirements;

7. Use of prohibited methods of take;

8. Hunting or fishing while trespassing;

9. Providing false information to wildlife officers or tribal officials;

10. Interference with wildlife enforcement activities; or

11. Repeated or serious violations of this Code or related tribal, federal, or state wildlife

laws.

C. Period of Suspension or Revocation

Suspensions or revocations may be imposed for a specified period of time or permanently

depending upon:

1.

2.

3.

4.

5.

The severity of the violation;

Prior offenses;

Intentional or negligent conduct;

Conservation impact; and

Other relevant circumstances.

D. Immediate Temporary Suspension

The governing tribe of the reservation or authorized enforcement authority may immediately

suspend wildlife privileges pending adjudication when necessary for:

47

1. Public safety;

2. Protection of wildlife resources; or

3. Prevention of continued violations.

E. Appeal Rights

Any person whose license or wildlife privileges have been suspended, revoked, denied, or

restricted under this section shall have the right to appeal such action to the appropriate wildlife

committee, wildlife board, tribal court, or designated appellate body established by the governing

tribe of the reservation.

F. Appeal Procedures

1. Appeals must be submitted in writing within thirty (30) days of notice of suspension or

revocation unless otherwise provided by tribal law.

2. The reviewing authority may affirm, modify, reverse, or remand the action after review.

3. The decision of the reviewing authority shall constitute the final administrative action

unless further appeal is authorized under tribal law.

G. Reciprocal Recognition

Participating tribes may recognize and honor wildlife license suspensions or revocations imposed

by other participating tribes consistent with applicable law and intertribal agreements.

CHAPTER 6 – LAW ENFORCEMENT AUTHORITY

Subchapter 1 – Intertribal Enforcement Authority

Section 6–101 – Commissioned Officer Authority

A. Any duly commissioned law enforcement officer of a tribe that is a party to this compact shall

have the authority to enforce the provisions of this Intertribal Wildlife Code within the lands of

tribes within this compact, subject to the terms of this agreement and applicable law.

B. For purposes of this Chapter, a “commissioned law enforcement officer” shall mean any

individual who:

48

1. Holds a valid law enforcement commission issued by a participating tribe; and

2. Is authorized by that tribe to enforce wildlife, natural resource, or criminal laws.

Section 6–102 – Scope of Authority

A. Officers described in Section 6–101 may:

1.

2.

3.

4.

Enforce all provisions of this Intertribal Wildlife Code;

Investigate violations of this Code;

Issue citations, make arrests, and seize property in accordance with applicable law; and

Refer violations to the appropriate tribal, federal, or state authority as jurisdiction

requires.

B. Enforcement actions shall be carried out in a manner consistent with:

1. The laws and procedures of the tribe where the violation occurred; and

2. Any applicable intergovernmental agreements or cross-deputization agreements.

Section 6–103 – Jurisdictional Recognition

A. Each participating tribe recognizes the enforcement authority of commissioned officers of

other tribes within this compact for the limited purpose of enforcing this Intertribal Wildlife

Code.

B. Nothing in this section shall be construed to:

1. Diminish or waive the sovereignty of any participating tribe;

2. Extend authority beyond the scope of this Code; or

3. Supersede federal law or existing jurisdictional limitations.

Section 6–104 – Coordination and Cooperation

A. Participating tribes agree to cooperate in the enforcement of this Code, including:

1. Sharing information related to violations;

2. Coordinating investigations; and

3. Providing mutual assistance when requested.

B. Nothing in this section shall require a tribe to take enforcement action inconsistent with its

own laws or policies.

49

50

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

A word about cookies

We need a few to keep you signed in and the library working. The rest help us see which pages people use and where they get stuck. They stay off unless you say yes.