§ 1-112. Wildlife offenses.
The following are declared wildlife offenses under this Act. Any person found to be in violation of the listed offenses shall be subject to the stated civil fine, criminal penalty or both. Any person who aids or abets another person in the commission of any offense under this section shall be subject to the same fines and/or penalties established for the offense aided or abetted.
A. Any person who commits the following offenses shall be subject to a One Hundred Dollar ($100.00) fine:
1. Chumming. It is unlawful to place or spread bait in fishing waters for the purpose of attracting fish.
2. Cleaning Fish. Fish caught from any body of water that are dead or die as a result of angling must be buried or burned. Persons may dispose of fish remains from fish caught alive, meaning any fish that has been filleted or has had the entrails removed, by burying, burning, or returning back to the body of water. No part of a fish that floats, or whole carcass shall be returned back to the body of water.
3. Cutting Fences. It is unlawful to cut, damage, or destroy any fence on the property of the Osage Nation.
4. Driving Off Established Roads. It is unlawful to drive off of established roads while hunting or fishing on the property of the Osage Nation, except on specified areas designated for off-road use or as permitted.
5. Fish in Excess of Limit. It is unlawful to take fish from any body of water in excess of the number permitted by the ENR Department pursuant to the Wildlife Conservation Regulations. All fish possessed by violators of this Act shall be seized and forfeited to the Osage Nation.
6. Fishing in an Undesignated Manner or Place. It is unlawful to fish in any manner or place not permitted by Wildlife Conservation Regulations.
7. Fishing Out of Season. It is unlawful to fish in any body of water during a period of the year not permitted by Wildlife Conservation Regulations.
8. Fishing without a Permit. It is unlawful to fish in any body of water within the property of the Osage Nation without a valid permit in possession.
9. Taking Feral Hog. It is unlawful to take feral hog without a valid permit during big game seasons and after official sunset or before official sunrise unless permitted pursuant to the Wildlife Conservation Regulations.
10. Recreational Fires. It is unlawful to create or start any recreational fires on the property of Osage Nation, unless permitted by the Osage Nation Wildland Fire Department.
11. Taking Undersized Fish. It is unlawful to take fish under the legal size limit as described in the Wildlife Conservation Regulations.
12. Use of Calling Devices. It is unlawful to use any electrically or mechanically recorded calling device in taking or trying to take game, except predators.
13. Unleashed Dogs. It is unlawful to allow any unleashed dog to roam on the property of the Osage Nation, except for those being utilized for hunting specified game as defined in the Wildlife Conservation Regulations.
14. Altering or Copying Permits. It is unlawful to alter, erase, mutilate or copy any hunting, fishing or trapping permit issued by the ENR Department.
15. Illegal Camping. It is unlawful for any person to camp on the property of the Osage Nation, except as permitted.
B. Any person who commits the following offenses shall be subject to a Five Hundred Dollar ($500.00) fine:
1. Baiting Wildlife. It is unlawful to take or attempt to take game animals or game birds over ground baited with any material distributed there to entice the wildlife, except as specified in the annual Regulations Guide.
2. Defacing Property. It is unlawful to destroy or deface signs, tables, improvements, crops, personal property or real property. In addition to other penalties, violators of this section may be required to replace or restore such property.
3. Destroying Timber. It is unlawful to destroy, remove, injure, or cut any green tree, dead tree or other timber, unless expressly authorized by an official of the Nation or by permit pursuant to the rules and regulations of ENR.
4. Entry into Special Use Area. It is unlawful to enter any special use area designated within the Osage Nation Reservation without a proper special use permit.
5. Entry Upon Land Closed to Entry. It is unlawful to enter upon land closed to entry while hunting, fishing, hiking or while traveling within the Osage Nation Reservation.
6. Hunting Small Game in Undesignated Manner or Place. It is unlawful to hunt small game in any manner or place not permitted by Wildlife Conservation Regulations.
7. Hunting Small Game Out of Season. It is unlawful to hunt small game during a period of the year not permitted by Wildlife Conservation Regulations.
8. Hunting Small Game without a Permit. It is unlawful to hunt for small game on the property of the Osage Nation without a valid permit in possession.
9. Littering. It is unlawful to litter roads, road sides, waters or any other land.
10. Misusing Firearms. It is unlawful to misuse firearms as defined by Wildlife Conservation Regulations.
11. Polluting Water. It is unlawful to pollute any body of water within the Osage Nation Reservation. Polluting a body of water shall include, but not be limited to, dumping mobile home sewage, detergents, gasoline, oil, pesticides, noxious chemicals or trash.
12. Possession of Detached Tag. It is unlawful to possess in the field a used or detached big game tag, except as permitted under the tagging regulations.
13. Possession of Hunting Devices. It is unlawful to carry, transport, or possess devices for taking game on the property of the Osage Nation, except as permitted by the Wildlife Conservation Regulations.
14. Sex Identification. It is unlawful to detach or remove, or attempt to detach or remove, from the carcass of a big game animal a portion thereof for the purpose of misrepresenting or concealing the species or sex of the animal.
15. Shooting from Road. Shooting from or across any public road is prohibited.
16. Shooting Near Occupied Buildings or Designated Areas. It is unlawful to shoot, or attempt to shoot, any game or wildlife within one-quarter mile of any occupied residence, cabin, building or designated area, without permission of the owner or resident. Designated areas shall include but not be limited to fishing lakes and ponds, and religious areas.
17. Small Game in Excess of Limit. It is unlawful to take small game in excess of the number permitted by the ENR Department pursuant to the Wildlife Conservation Regulations.
18. Taking or Harassing Birds. It is unlawful to take or injure any bird or harass any bird upon its nest, or remove the nest or eggs of any bird, except as permitted by Wildlife Conservation Regulations.
19. Taking Amphibians, Crustaceans, Mollusks, or Reptiles. It is unlawful to take any amphibians, crustaceans, mollusks or reptiles in any manner or place not permitted by the ENR Department pursuant to the Wildlife Conservation Regulations.
20. Use of Animals as Blinds or Decoys. It is unlawful to use live animals as blinds or decoys in taking or trying to take game animals or game birds, except by special permit.
21. Use of Tracer Ammunition. It is unlawful to use tracer ammunition in taking or trying to take game animals, game birds, or protected furbearers.
22. Failure to Display Permit. It is unlawful to refuse or fail to display any hunting, fishing, or trapping permit required by this Act or Wildlife Conservation Regulations for inspection upon the request of a law enforcement officer of the Osage Nation.
23. Trespassing. It is unlawful:
a. To enter the Osage Nation Reservation with the intent to commit any act defined as an offense by this Act or any other Osage Nation law or regulation; or
b. To be outside of public rights-of-way or other public places without a valid permit from the Nation authorizing presence in that location.
24. Violation of Annual Hunting or Fishing Regulation Guides. It is unlawful to violate any of the rules or regulations promulgated in the annual Wildlife Conservation Regulations Guides issued by the ENR Department.
C. Any person who commits the following offenses shall be subject up to a civil fine of One Thousand Dollars ($1,000.00) and such other punishment or criminal penalties under this Act:
1. Failure to Obtain License. It shall be unlawful for any person to hunt or fish within the Osage Nation Reservation without first obtaining a license from the ENR Department.
2. Big Game in Excess of Limit. It is unlawful to take big game in excess of the number permitted by the ENR Department pursuant to the Wildlife Conservation Regulations.
3. Disobeying Officer. It is unlawful to disobey a lawful order of any law enforcement officer of the Osage Nation.
4. Hunting Hours. It is unlawful to hunt at any time except during legal hunting hours, or as defined by the ENR Department pursuant to the Wildlife Conservation Regulations. Legal hunting hours shall mean one-half hour before sunrise until one-half hour after sunset.
5. Fishing Hours. It is unlawful to fish outside of the designated permitted hours as defined by the ENR Department pursuant to the Wildlife Conservation Regulations.
6. Hunting Under the Influence of Alcohol. It is unlawful to hunt while under the influence of alcohol or other intoxicating substance.
7. Legal Guns and Bows for Whitetail Deer and Elk. It is unlawful to hunt whitetail deer and elk except with the following specified weapons:
a. Rifles. Center-fire rifles firing at least a fifty-five (55) grain weight soft-nosed or hollow point bullet and having an overall cartridge case length of 1.25 inches or longer. Clips or magazines of all .22 caliber center-fire firearms may not be capable of holding more than seven rounds of ammunition.
b. Shotguns. Twenty (20) gauge or larger, firing a single rifled slug.
c. Center-Fire Handguns. Chambered for .24 caliber or larger and one hundred (100) grain or heavier soft-nosed bullet having an overall cartridge case length of 1.25 inches or longer (.357 or larger) and a minimum barrel length of four inches.
d. Semi-Automatic Handguns. Chambered for any center-fire ammunition with a one hundred (100) grain or heavier soft-nosed bullet and having a cartridge case size of .40 caliber or larger with a minimum barrel length of four inches. This includes 10mm, .357 Sig, and .40 caliber or larger with a minimum barrel length of four inches.
e. Center-Fire Handguns. Handguns chambered for any center-fire rifle ammunition; chambered for any center-fire rifle ammunition using at least a fifty-five (55) grain soft-nose bullet and having an overall cartridge case length of 1.25 inches or longer and a minimum barrel length of four inches.
f. Muzzleloading Rifles. Rifles including single barrel of at least .40 caliber for deer; .50 caliber for elk; twenty (20) gauge or larger shotgun, firing a single slug or ball that is loaded from the muzzle.
g. Bow. A compound bow of thirty (30) pounds or more draw weight; any recurve, longbow or self-bow of forty (40) pounds or more draw weight; or hand-held release bows; or devices that permit a bow to be held mechanically at full or partial draw. Arrows/bolts must be fitted with hunting type points not less than seven-eighths inches wide, including mechanical broadheads meeting the width requirement when fully open. A crossbow with a minimum one hundred (100) pound draw weight bow equipped with safety devices with a minimum of fourteen (14) inch length bolts; or a leverage gaining device.
8. Legal Guns and Bows for Turkey. It is unlawful to hunt turkey except with the following specified weapons:
a. Shotguns. Shotguns including conventional or muzzleloading, using a shot no larger than BB (0.180 of an inch in diameter).
b. Rifles. Rifles including center-fire, .22 magnum rimfire, 5 mm magnum rimfire, .17 HMR and .17 Winchester Super Magnum. All other rimfire rifles are illegal.
c. Muzzleloading Rifles. Muzzleloading rifles and handguns of .36 caliber or larger.
d. Handguns. Handguns including center-fire, .22 magnum rimfire, 5 mm magnum rimfire and .17 HMR.
e. Bow. A compound bow of thirty (30) pounds or more draw weight; any recurve, longbow or self-bow of forty (40) pounds or more draw weight; or handheld release bows; or devices that permit a bow to be held mechanically at full or partial draw. Arrows/bolts must be fitted with hunting type points not less than seven-eighths inches wide, including mechanical broadheads meeting the width requirement when fully open. A crossbow with a minimum one hundred (100) pound draw weight bow equipped with safety devices with a minimum of fourteen (14) inch length bolts; or a leverage gaining device.
9. Legal Guns and Bows for Small Game and Furbearers. It is unlawful to hunt small game and furbearers except with the following specified weapons: shotgun (conventional and muzzleloading), rifle (conventional or muzzleloading), handgun, bow, hand-propelled missile, air-propelled missile, and slingshot.
10. Legal Guns and Bows for Game Birds. It is unlawful to hunt game birds except with the following specified weapons: all shotguns fired from the shoulder and bow, excluding crossbows.
11. Obtaining a Permit by Fraud. It is unlawful to obtain by fraud or misrepresentation a permit to fish, hunt small game, game birds, or big game.
12. Obtaining Permit When Already Revoked. It is unlawful to obtain any fishing or hunting permit during a period for which a permit has been revoked.
13. Failure to Tag. It is unlawful to not possess a valid tag as required by the Wildlife Conservation Regulations.
14. Failure to Check. It is unlawful for any person to not check wildlife as required by the Wildlife Conservation Regulations.
15. Taking Game for Another Person. It is unlawful to use a permit of another person or attempt to take any game for another person, or to allow another person to use a permit or attempt to take game for oneself, except by special permit.
16. Using Explosives or Poisons. It is unlawful to use any explosive compound or corrosive, narcotic, poison or other deleterious substance for the purpose of taking, stunning, or killing fish, birds, small game or big game.
17. Using Dogs to Take Big Game. It is unlawful to use a dog or dogs to take big game.
18. Using Silencer. It is unlawful to use an illegally acquired silencer.
19. Using a Vehicle or Aircraft to Harass or Take Game. It is unlawful to use a motor-driven vehicle or aircraft to harass, drive, or take game animals or game birds.
20. Waste of Game. It is unlawful to waste game or fish by failing to transport the edible portions of the meat of big game, small game, game birds, and game fish to a place for human consumption or to provide for the human consumption thereof, or to wound any big game animal and fail to go to the place where it sustained, or may have sustained the wound, and make a reasonable attempt to track the animal and reduce it to possession.
21. Loaded Weapon. It is unlawful to be in possession of a loaded rifle, shotgun, muzzleloader or pistol without possessing a valid hunting or fishing permit issued by the ENR Department applicable to the weapon in possession.
22. Unlawful Taking, Transporting or Selling of Wildlife. It ls unlawful to take, possess, transport, buy, sell or offer for sale any wildlife as described in this Act, except as permitted by the ENR Department pursuant to the Wildlife Conservation Regulations.
23. Possession of Untagged Big Game. It is unlawful to possess a big game animal without a valid tag attached.
24. Violation of Revoked Hunting, Fishing or Trapping Privileges. It is unlawful for any person whose hunting, fishing or trapping privileges have been revoked to buy or attempt to buy any hunting, fishing or trapping permit of the Osage Nation during the revocation period.
D. Any person who commits the following offenses shall be subject up to a civil fine of Five Thousand Dollars ($5,000.00) and such other punishment or criminal penalties under this Act:
1. Hunting Big Game Out of Season. It is unlawful to hunt big game during a period of the year not permitted by the ENR Department pursuant to the Wildlife Conservation Regulations.
2. Hunting Big Game without a Permit. It is unlawful to hunt big game without a valid hunting permit in possession.
3. Taking Mountain Lion. It is unlawful to take mountain lion unless the mountain lion is about to commit depredation on any domesticated animal or when deemed an immediate safety hazard. Individuals who kill a mountain lion must immediately call the ENR Department. The carcass must be presented to the Department within twenty-four (24) hours for biological data collection.
4. Transportation of Firearms, Bows and Crossbows. No person may transport a loaded firearm, unless permitted. Loaded firearm includes any firearm that has live rounds in an inserted clip, attached magazine, cylinder or chamber, or a capped muzzleloader with a loaded powder charge and bullet. No bow may be transported at full or partial draw in a motorized vehicle. Muzzleloaders may be transported with a loaded powder charge and bullet as long as the gun is uncapped or battery is disconnected. Crossbows may not be transported in a motorized vehicle unless uncocked or disassembled.
5. Spotlighting. It is unlawful to shine spotlights or other artificial lights into areas where big game or livestock might be if persons using the light have in possession any weapon capable of killing big game or livestock, except that such lights may be used for predators or nuisance animals by conservation officers or livestock operators by special permit.
6. Unauthorized Taking, Transport, or Sale of Wildlife. It is unlawful to take, possess, transport, import, trade, buy, sell, or offer for sale wildlife or parts thereof, except as licensed and permitted by the ENR Department pursuant to the Wildlife Conservation Regulations.
7. Outfitting. It is unlawful to conduct outfitting activities within the Osage Nation Reservation except as permitted by this Act or by Wildlife Conservation Regulations.
8. Hunting Big Game in Undesignated Manner or Place. It is unlawful to hunt big game in any manner or place not permitted by Wildlife Conservation Regulations.
9. Unauthorized Taking, Transporting or Sale of Wildlife Protected under the Endangered Species Act, Migratory Birds Act, Bald and Golden Eagle Act and Other Nongame Birds. It is unlawful to take, possess, transport, import, buy, sell, or offer for sale any hawk, eagle, owl, vulture or endangered species or parts thereof within the Osage Nation Reservation, except as permitted by the ENR Department pursuant to the Wildlife Conservation Regulations.
10. Game Fish and/or Wildlife Endangerment. It is unlawful to introduce any hazardous material or substance into the Osage Nation Reservation. ONCA 17-30, eff. Apr. 26, 2017.