Okla. Stat. tit. 29, § 29-6-501

harvesting restrictions - Seizure and forfeiture of certain items -

Fines and penalties.

A. No person may place or cause to be placed in any creek,

river, or stream in Oklahoma any stationary dam, net, trap, or

obstacle of any nature for the purpose of blocking or partially

blocking any minnow or fish movement up, down, into, or out of any

creek, river, or stream. Commercial minnow harvest shall be

prohibited for a distance of one-half (1/2) mile below any structure

that diverts, partially diverts, blocks, or partially blocks normal

fish movement. This section shall not be construed as to prohibit

persons licensed to commercially seine minnows as provided for in

the Oklahoma Wildlife Conservation Code from using seines no longer

than forty (40) feet in length and no more than one-fourth-inch mesh

of nonmetallic material as a temporary block in waters open to the

harvest of minnows nor prohibit those legally licensed to dip shad

from harvesting shad in the tailwaters of this state. "Temporary

block" shall mean no more than four (4) hours at any one location in

any twenty-four-hour period.

B. Any dam, net, trap or other obstacle used and operated or

intended for use in violation of the provisions of this section

shall be removed and is subject to immediate seizure by any person

Oklahoma Statutes - Title 29. Game and Fish Page 136

authorized to enforce the provisions of the Oklahoma Wildlife

Conservation Code if such person determines the object can be

seized. A seized obstacle shall be held as evidence by order of the

district attorney in the county where such item was seized until a

forfeiture has been declared or a release ordered. Upon competent

evidence at a hearing, held for such purpose, that the obstacle was

used and operated or intended for use in violation of this section,

the court shall order said obstacle forfeited to the state. Upon

forfeiture, such items shall be sold at public auction and the

proceeds from the sale shall be apportioned one-fourth (1/4) to the

Department of Wildlife Conservation and three-fourths (3/4) to the

district court in which such proceeding was brought. Any item

unable to be seized or sold for any reason may be destroyed under

the supervision of the Oklahoma Department of Wildlife Conservation

Director.

C. Any person convicted of violating the provisions of this

section shall be punished by a fine not less than Two Hundred

Dollars ($200.00) nor more than One Thousand Dollars ($1,000.00), or

by imprisonment in the county jail for not less than ten (10) days

nor more than one (1) year, or by both such fine and imprisonment.