SECTION 800:1-3-3. Function, organization, powers and duties

  The following describes the function, organization, powers and duties of the Oklahoma Department of Wildlife Conservation and Oklahoma Wildlife Conservation Commission.

(1)   Creation. The Oklahoma Department of Wildlife Conservation and Oklahoma Wildlife Conservation Commission were created by Section 1, Article XXVI of the Constitution of Oklahoma in 1956. A Director of Wildlife Conservation was created by Section 3, Article XXVI of the Constitution of Oklahoma in 1956.

(2)   Composition of the Commission and Department.

(A)   The Commission is composed of eight members appointed for eight year terms by the Governor with the consent of the Senate as described in the Constitution. Each Commission member is appointed to represent one of eight districts of the state which are described in 29 O.S., Section 3-102(A) and contain from seven to twelve specified counties in Oklahoma.

(B)   The Director is appointed by a majority vote of the entire Commission. The Department includes assistants and employees appointed by the Director with the approval of the Commission. The Department is organized in units such as Administration, Fisheries, Game, Law Enforcement, Public Information & Education and Natural Resources.

(3)   Commission organization. The Commission members select a Chair and a Vice-chair from among their members at the first meeting of each calendar year. Officers shall not succeed themselves by more than two terms. The Commission may establish ad hoc committees to assist the Commission for any lawful purpose.

(4)   Powers, authority and duties. The powers, authority and duties of the Department and Commission are generally set forth in 29 O.S., Sections 3-101 et seq., 27A O.S., Section 1-3-101 and Article XXVI of the Oklahoma Constitution.

(A)   The Commission has authority to:

(i)   promulgate rules and policies pursuant to which the Director governs the Department [Const. Art. XXVI, Section 1];

(ii)   act as an advisory, administrative and policy making board with whom the Director shall consult regarding the administrative affairs of the Department [29:3-103];

(iii)   appoint the Director, determine employees necessary for the Department and determine the qualifications of the Director and Department employees [Const. Art. XXVI, Section 3];

(iv)   acquire and dispose of real and personal property by purchase, gift, grants from the federal government, or otherwise, as necessary or useful in carrying out the purposes specified in Article XXVI of the Constitution pursuant to Const. Art. XXVI, Sections 3 & 4, and may condemn real property when deemed appropriate by the Attorney General or other counsel to clear title pursuant to 29 O.S., Section 3-103(B)(7);

(v)   supervise the establishment, modification and operation of refuges, hunting and fishing areas, management areas, and hatcheries and propagation areas [29:3-103(8)];

(vi)   prescribe the manner in which the Department will cooperate with other entities in research and in the establishment and operation of educational, recreational and other facilities in connection with the study and propagation of wildlife [29:3-103(9)];

(vii)   supervise contracts and purchases for the Department and authorize claims and expenditures in accordance with the Code [29:3-103(10)];

(viii)   promulgate rules for sale of regular and special licenses [29:3-103(12)],

(ix)   publicize and encourage conservation and appreciation of wildlife and other natural resources [29:3-103(13)];

(x)   regulate the seasons and the harvest of wildlife [29:3-103(14)];

(xi)   act in accordance with Const. Art. XXVI, Section 4 regarding receipt and expenditure of fees, monies or funds arising from its transactions, sale of property and administration of wildlife laws and regulations to fulfill purposes specified in the Constitution;

(xii)   exercise additional powers or perform duties set forth in the Oklahoma Wildlife Code including, but not limited to authorities to implement programs related to various licenses, issue resolutions regarding open seasons [29:5-401], conduct meetings and hearings and issue Administrative orders relating to seasons, bag, catch and possession limits and methods of taking [29:5-401], declare certain plants noxious[29:6-601], issue special resolutions relating to activities in hatcheries, refuges and management areas [29:7-302 & 304], and make determinations of liability and initiate actions related to losses of fish and wildlife resources [29:7-401a & 402].

(B)   The Director governs the Department under such rules as the Commission prescribes pursuant to Const. Art. XXVI, Sec. 1. The statutory powers and duties of the Director and the Department as described in the Code include authority to:

(i)   manage refuges and other real and personal property held, operated or maintained by the Department [29:3-105];

(ii)   appoint and employ staff and rangers subject to Commission approval, and to supervise, discipline and terminate employees [29:3-105];

(iii)   pay claims for services and expenses and maintain accounting records [29:3-105];

(iv)   propagate, buy and sell, care for, feed, transport, distribute, manage and promote wildlife [29:3-105];

(v)   initiate and prosecute legal proceedings against violators [29:3-105];

(vi)   make emergency purchases of equipment and supplies [29:3-105];

(vii)   offer and pay rewards for violators or evidence leading to capture and conviction thereof [29:3-308],

(viii)   establish and implement programs, enter into contracts with landowners, and promulgate rules for incentives and implementation of wildlife habitat programs on private lands [29:3-312];

(ix)   budget and expend funds for training law enforcement officers [29:3-313];

(x)   accept applications for, issue, monitor compliance with, renew, reissue, accept fees for, hold appropriate hearings for and suspend, revoke or take other appropriate actions for various licenses issued by the Department;

(xi)   investigate, inspect records and property, issue citations, file complaints and make arrests, and take appropriate enforcement actions relating to hunting, fishing and other violations [ 29:3-201 to 205.3, 5-202, 6-304, 9-101 to 9-104];

(xii)   institute seizure and forfeiture proceedings against property [29:5-402, 7-206 & 5-413], or immediately seize and hold certain property as evidence [29:6-306, 6-501B, 7-206];

(xiii)   enforce laws relating to possession of wildlife and parts thereof, and sale of meat, hides and parts of wildlife, and seize if illegally taken [e.g. 29:7-502 & 7-503];

(xiv)   print listings, regulate taking, possession, transport and other activities relating to endangered and threatened species [29:5-412, 5-412.1, 7-504, 7-602];

(xv)   close waters to fishing [29:6-502], stock and control release of fish in waters, establish and maintain safety zones in waters damned by U.S. [29:7-101];

(xvi)   enforce regulations and statutes relating to exotic wildlife [7-801], and

(xvii)   act on behalf of the Commission in accordance with rules and policies of the Commission and any authorities lawfully delegated by the Commission.

[Source: Added at 9 Ok Reg 1687, eff 6-1-92; Amended at 15 Ok Reg 3500, eff 7-13-98]