ENROLLED HOUSE
BILL NO. 2920	By:	Martin (Steve) of the House

			    and

		Coates of the Senate

An Act relating to game and fish; amending 29 O.S. 2011, Section 5-502, which relates to trapping devices; allowing certain traps; and providing an effective date.

SUBJECT:  Wildlife trapping devices

BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:

SECTION 1.     AMENDATORY     29 O.S. 2011, Section 5-502, is amended to read as follows:

Section 5-502.  A.  Except as otherwise provided by law, no person may use, set, construct, possess or tend any trap, snare, deadfall or other device for the purpose of catching any wildlife, except fish and frogs, in this state, except that he use:

1.  Box traps; and

2.  Smooth‑jawed single-spring or smooth‑jawed double-spring offset, leg‑hold steel traps with a jaw spread of:

a.	no more than eight (8) inches for land sets, and

b.	no more than eight (8) inches for water sets; and

3.  Enclosed trigger traps.

B.  No trap so used may be set "in the open", or in paths, roads, or runways commonly used by persons, domestic animals or dogs.

C.  Any trap set for the purpose of catching any wildlife shall be tended once during each twenty‑four (24) hours.  All traps must bear the owner's name or identification attached thereto, except for any person trapping on his own property.  Any person violating this subsection shall, in addition to any criminal penalty, be civilly liable for all damages caused by such violation.

D.  On any lands where smooth‑jawed double‑spring offset traps are used, the posting of signs shall be required to the right and left of all entrances from public roads and highways and from adjacent lands and at corners of perimeter fences, provided that this requirement shall not apply to any person trapping on his own property.  Size, character and wording of these signs are to be determined by the State Wildlife Conservation Commission.

E.  Employees of the State Department of Agriculture 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 shall be exempt from the provisions of this section.  Employees engaging in such wildlife management activities on any lands where smooth-jawed double-spring offset traps are used shall be required to post signs which comply with federal requirements to the right and left of all entrances from public roads and highways and from adjacent lands and at corners of perimeter fences.

F.  Any person convicted of violating any of the provisions of this section shall be punished by a fine of not less than Twenty‑five Dollars ($25.00) nor more than Two Hundred Dollars ($200.00).

SECTION 2.  This act shall become effective September 1, 2012.

Passed the House of Representatives the 12th day of March, 2012.

	
Presiding Officer of the House of
	Representatives

Passed the Senate the 23rd day of April, 2012.

	
Presiding Officer of the Senate