Permanent Final Adoptions
TITLE 800. Department of Wildlife Conservation
CHAPTER 30. Department of Wildlife Lands Management
[OAR Docket #13-560]
RULEMAKING ACTION:
PERMANENT final adoption
RULES:
Subchapter 1. Use of Department Managed Lands
800:30-1-4. Camping [AMENDED]
800:30-1-5. Vehicles [AMENDED]
800:30-1-7. Livestock and feral hogs [AMENDED]
800:30-1-21. Baiting on Wildlife Management Areas [AMENDED]
AUTHORITY:
Title 29 O.S., Sections 3-103 and 5-401 Article XXVI, Sections 1 and 3 of the Constitution of Oklahoma; Department of Wildlife Conservation Commission.
DATES:
Comment period:
December 3, 2012 - January 11, 2013.
Public hearing:
January 8, 2013
Adoption:
February 4, 2013
Submitted to Governor:
February 6, 2013
Submitted to House:
February 6, 2013
Submitted to Senate:
February 6, 2013
Gubernatorial approval:
February 18, 2013
Legislative approval:
Failure of the Legislature to disapprove the rules resulted in approval on April 4, 2013.
Final adoption:
April 4, 2013Effective:
June 1, 2013SUPERSEDED EMERGENCY ACTIONS:
Superseded rules:
Subchapter 1. Use of Department Managed lands
800:30-1-7. Livestock and feral hogs [AMENDED]
Gubernatorial approval:
April 13, 2012Register publication:
29 Ok Reg 1757Docket number:
12-831INCORPORATED BY REFERENCE:
n/aANALYSIS:
Open Candy Creek to camping, and prohibit air boats on Tishomingo WMU to be consistent with the National Wildlife Refuge restriction. Clarify methods, hunting hours, and weapons allowed regarding taking or pursuing feral hogs on Wildlife Management Areas during any open deer or turkey season. Allow horseback riding on WMA's during closed periods if no hunter conflicts are determined by the local biologist. Add wording to strengthen current baiting law on WMA's.
CONTACT PERSON:
Alan Peoples, Chief of Division, Oklahoma Department of Wildlife Conservation, 1801 N. Lincoln Blvd., Oklahoma City, Ok 73105. Phone: 405/521-2739 or Rhonda Hurst, APA Liaison, phone: 405/522-6279.
PURSUANT TO THE ACTIONS DESCRIBED HEREIN, THE FOLLOWING RULES ARE CONSIDERED FINALLY ADOPTED AS SET FORTH IN 75 O.S., SECTION 308.1(A), WITH AN EFFECTIVE DATE OF JUNE 1, 2013:
SUBCHAPTER 1. Use of Department Managed Lands
800:30-1-4. Camping
(a) Camping is limited to a maximum of 14 days, except at areas open only to hunter camping for special season(s). Camping on these areas is limited to 2 days longer than the period which the camper (hunter) is authorized to hunt.
(b) Quiet shall be maintained in all camping areas between the hours of 11:00 p.m. and 7:00 a.m. Excessive noise during such times which unreasonably disturbs persons is prohibited.
(c) All dogs or other pets must be kept on a leash or otherwise confined while in a camping area.
(d) No overnight camping is permitted at the following areas unless otherwise authorized by the Department:
(1) Altus-Lugert WMA.
(2) Arcadia Conservation Education Area - Any authorized camping must have education or conservation purpose.
(3) Broken Bow WMA.
(4) Canton WMA (waterfowl refuge portion).
(5) Cherokee (GMA portion).
(6) Dewey County WMA.
(7) Drummond Flats WMA.
(8) Eufaula WMA
(9) Fort Gibson WMA.
(10) Gist WMA.
(11) Grady County WMA
(12) Grassy Slough WMA.
(13) Hackberry Flat (waterfowl refuge portion).
(14) Hugo WMA (waterfowl refuge portion).
(15) Major County Lands.
(16) McClellan-Kerr WMA (includes waterfowl refuge portion).
(17) McCurtain County Wilderness.
(18) Okmulgee WMA (GMA portion).
(19) Osage WMA (Western Wall Unit).
(20) Ozark Plateau WMA.
(21) Red Slough WMA.
(22) Sparrow Hawk WMA.
(23) Tenkiller WMA.
(24) Van Osdol WMA.
(25) Washita County WMA.
(26) Whitegrass Flats WMA.
(27) Wister WMA (waterfowl refuge portion).
(e) Hunter and fishermen camping is permitted only in designated camping areas at:
(1) Atoka WMA (includes PHA portion).
(2) Beaver River WMA.
(3) Candy Creek WMA
(34) Canton WMA (except waterfowl refuge portion).
(45) Cherokee WMA (PHA portion).
(56) Chickasaw NRA (Arbuckle).
(67) Cimarron Bluff WMA.
(78) Cimarron Hills WMA
(89) Cooper WMA.
(910) Copan WMA.
(1011) Cross Timbers WMA
(1112) Ellis County WMA.
(1213) Fobb Bottom WMA.
(1314) Fort Cobb WMA.
(1415) Fort Supply WMA.
(1516) Hackberry Flat WMA (except waterfowl refuge portion).
(1617) Heyburn WMA .
(1718) Hickory Creek WMA.
(1819) Hugo WMA (except waterfowl refuge portion).
(1920) Hulah WMA.
(2021) James Collins WMA.
(2122) Kaw WMA.
(2223) Lexington WMA.
(2324) Mountain Park WMA.
(2425) Okmulgee WMA (PHA portion, i.e., the area north and east of the Deep Fork River).
(2526) Oologah WMA
(2627) Optima WMA.
(2728) Osage WMA (Rock Creek Unit).
(2829) Pushmataha WMA.
(2930) Sandy Sanders WMA.
(3031) Stringtown WMA
(3132) Schultz WMA.
(3233) Skiatook WMA.
(3334) Texoma-Washita Arm WMA.
(3435) Tishomingo WMU.
(3536) Waurika WMA.
(3637) Yourman WMA.
(f) Hunter camping is permitted only in designated camping areas and only during specified hunting seasons at:
(1) Cookson Hills WMA, only during open hunting seasons on the area.
(2) Ouachita WMA (Homer L. Johnston portion), only during deer and turkey seasons.
(3) John Dahl WMA, only during hunting seasons.
(4) Packsaddle WMA, only during open hunting seasons.
(5) Robbers Cave WMA, only during open deer and turkey seasons.
(6) Spavinaw Hills WMA, only during open hunting seasons on the area.
(g) Hunter and fishermen camping is permitted only within 50 yards of roads designated as open for public use at:
(1) Deep Fork WMA.
(2) Gary Sherrer WMA, only during open hunting seasons on the area.
(3) Keystone WMA.
(4) Love Valley WMA.
(5) Pine Creek WMA.
(6) Wister WMA, (except waterfowl refuge portion).
(h) Camping is permitted in accordance with U.S. Forest Service regulations at:
(1) Ouachita WMA - Le Flore Unit (Ouachita National Forest), except Homer L. Johnston Unit.
(2) Ouachita WMA - McCurtain Unit (Ouachita National Forest).
(3) Black Kettle WMA (Cibola National Forest) - Black Kettle National Grasslands.
(4) Rita Blanca WMA (Cibola National Forest) - Rita Blanca National Grasslands.
(i) Camping is permitted in designated camping areas only at McGee Creek WMA.
800:30-1-5. Vehicles
(a) Except as otherwise provided, all motorized vehicles are required to stay on roads designated as open for public or hunter use. There are no exceptions for motorcycles, four-wheel drive vehicles, snowmobiles or all terrain vehicles. Travel on roads which are gated and locked or designated as closed is prohibited, unless otherwise specified in annual regulations for nonambulatory persons holding valid permits.
(b) Only those vehicles registered as legal to operate on Oklahoma public roadways may be used or parked on lands owned or managed by the Oklahoma Department of Wildlife Conservation, except on specified areas designated for off-road use; unless otherwise provided for nonambulatory persons holding valid permits. All vehicles used by nonambulatory permittees must conspicuously display a sticker designating the vehicle is being used by a nonambulatory permittee and motor vehicle permittees must conspicuously display a sticker designating the vehicle is being used by a motor vehicle hunt permittee.
(c) Maximum speed limit shall be 25 mph unless otherwise posted.
(d) Off-highway vehicle (OHV) use on the Ouachita WMA shall be the same as U.S. Forest Service rules and regulations for the Ouachita National Forest.
(e) Off-highway vehicle (OHV) use on the Black Kettle and Rita Blanca WMAs shall be the same as U.S. Forest Service rules and regulations for the Cibola National Forest.
(f) It shall be unlawful to operate an all-terrain vehicle (ATV) or off-road vehicle (ORV) on the Three Rivers WMA and Honobia Creek WMA except under the following restrictions:
(1) During any open deer season.
(2) Any deer hunter licensed in Oklahoma, unless otherwise exempt.
(3) Any hunter while operating an ATV/ORV shall comply with daylight fluorescent orange head and chest covering as required for hunting deer gun seasons. If a crash helmet is worn, only the fluorescent orange chest covering is required.
(4) ATV/ORV use is restricted to WMA roads that are delineated on the current Three Rivers WMA map and Honobia Creek WMA map unless otherwise closed.
(5) Only unaltered standard manufactured ATV/ORV's with a 700 cc motor displacement or less are allowed.
(6) ATV/ORV use shall be restricted to a maximum speed of 25 mph.
(7) Operator and/or passenger under the age of 18 shall wear a crash helmet of a type which complies with standards established by C.F.R., Section 571.218.
(8) No operator of an ATV/ORV shall carry a passenger unless that ATV/ORV has been specifically designed by the manufacturer to carry passengers in addition to the operator.
(9) Leaving any ATV/ORV, treestand, or game camera unattended on the Three Rivers and Honobia Creek WMA's without the owner's name and address affixed thereto in a conspicuous manner is prohibited.
(10) Use of ATV/ORV off of delineated roads for retrieval of lawfully taken deer shall be permissible only with the following restrictions:
(A) ATV/ORV's shall not travel more than 2 mile from the nearest road.
(B) ATV/ORV's shall not cross rivers and streams unless on a road with constructed stream crossing structures.
(C) ATV/ORV's used for deer retrieval shall not be used in areas otherwise closed to the use of motor vehicles (walk-in only hunting areas, etc.)
(g) It is unlawful for any person to hunt, chase, capture, shoot, attempt to shoot, wound or kill any wildlife from a motor driven vehicle on any Department managed areas, except as provided for persons holding a nonambulatory motor vehicle hunting permit.
(h) It is unlawful for any person to transport a loaded firearm on any Department managed area. No crossbow may be transported in a motor vehicle unless uncocked or disassembled. No bow that is at full or partial draw may be transported in a motorized vehicle. In addition, no person may take, catch, capture, kill or pursue wildlife or otherwise attempt to use for any purpose a vehicle mounted spotlight or other powerful light at night for any purpose on Department managed lands, except as otherwise provided for hunting of furbearers and predators, taking of frogs, or for navigational purposes while in a water conveyance.
(i) Grassy Slough WMA, Hackberry Flat WMA, Red Slough WMA, Tishomingo WMU, Washita Arm WDU and Whitegrass Flats WMA are closed to all air driven water craft.
(j) It shall be unlawful for any person to use, transport, park, or unload any personal watercraft within the land and/or water boundaries of the Fort Gibson Wildlife Management Area.
(k) Air drive water craft use on the Tishomingo National Wildlife Refuge shall be the same as U.S. Fish and Wildlife Service rules and regulations.
800:30-1-7. Livestock and feral hogs
(a) Livestock. It is unlawful for any person to willfully or neglectfully allow unauthorized livestock to encroach upon any lands owned or managed by the Oklahoma Department of Wildlife Conservation.
(b) Horses. No person shall ride, drive, lead or keep a horse or other livestock on lands owned or managed by the Oklahoma Department of Wildlife Conservation, except Honobia Creek WMA and Three Rivers WMA, during the period of October 1 through January 1 and spring turkey season, annually without prior written approval from the Oklahoma Department of Wildlife Conservation. Individuals or parties of less than 25 may ride on areas with prior written approval of the local biologist during the closed period if no hunting seasons are in progressconflict is determined by the biologist. U.S. Forest Service regulations shall apply to those lands owned by the Forest Service. See 800:25-7-71 [REVOKED] (renumbered to 800:30-1-20) also.
(c) Use of horses. Hunting on, from or with the aid of horses or mules on WMAs (except U.S. Forest Service lands, Honobia Creek WMA and Three Rivers WMA) is prohibited during daylight hours during the period of October 1 - January 1 and during spring turkey season. Persons holding nonambulatory permits or motor vehicle permits are exempt.
(d) Feral hogs. Feral hogs may be taken on lands owned or managed by the Oklahoma Department of Wildlife Conservation during any established hunting season with methods authorized by the Department for that hunting season, except that during any open deer and/or turkey season only appropriate methods, hunting hours, and weapons for that deer and/or turkey season are authorized for taking or pursuing feral hogs.
800:30-1-21. Baiting on Wildlife Management Areas
It shall be unlawful to place and/or hunt over bait on lands owned or managed by the Department of Wildlife Conservation. 'Bait' shall mean the placing, exposing, depositing, distributing or scattering of shelled, shucked or unshucked corn, wheat or other grain or other feed.
[OAR Docket #13-560; filed 4-12-13]