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1 STATE OF OKLAHOMA
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2 2nd Session of the 60th Legislature (2026)
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3 SENATE BILL 2108 By: Deevers
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6 AS INTRODUCED
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7 An Act relating to feral swine; amending 2 O.S. 2021,
7 Section 6-604, which relates to the removal of feral
8 swine; requiring permission from landowner or lessee
8 to remove or take feral swine on certain property;
9 prohibiting the transportation, importation, and
9 release of live feral swine; providing certain
10 exemptions; providing penalties; amending 29 O.S.
10 2021, Sections 4-107.2, as amended by Section 1,
11 Chapter 77, O.S.L. 2018, 4-135, as last amended by
11 Section 1, Chapter 198, O.S.L. 2023, and Section 3,
12 Chapter 171, O.S.L. 2022 (29 O.S. Supp. 2025,
12 Sections 4-135 and 4-135.2), which relate to control
13 of nuisance wildlife; removing ability to maintain
13 certain firearm for nuisance control; permitting the
14 nuisance control without permit under certain
14 circumstances; prohibiting certain times to shoot
15 feral swine; authorizing revocation of license upon
15 conviction; making language gender neutral; updating
16 statutory language and references; repealing 2 O.S.
16 2021, Section 6-605, which relates to special permit
17 for private property owner to kill feral swine;
17 providing for codification; and providing an
18 effective date.
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19
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20 BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
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21 SECTION 1. AMENDATORY 2 O.S. 2021, Section 6-604, is
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22 amended to read as follows:
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23 Section 6-604. A. Except as otherwise specified in the Feral
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24 Swine Control Act, any person with permission of the owner may
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1 remove feral swine from private or public property during daylight
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2 hours.
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3 B. Any person who intends to kill or attempt to kill feral
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4 swine at night shall obtain a permit issued by the Department of
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5 Wildlife Conservation pursuant to Section 4-135 of Title 29 of the
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6 Oklahoma Statutes and promulgated rules written permission from the
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7 landowner or agricultural lessee.
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8 SECTION 2. NEW LAW A new section of law to be codified
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9 in the Oklahoma Statutes as Section 6-615 of Title 2, unless there
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10 is created a duplication in numbering, reads as follows:
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11 A. As used in this section, the terms "feral swine," "remove,"
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12 and "Judas pig tagging system" shall have the same meanings as
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13 provided in Section 6-603 of Title 2 of the Oklahoma Statutes.
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14 B. It shall be unlawful for any person to:
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15 1. Transport or relocate any live feral swine within this
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16 state;
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17 2. Import any live feral swine into this state; or
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18 3. Intentionally release any feral swine to live in a wild or
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19 feral state upon any public or private land.
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20 C. The prohibitions in subsection B of this section shall not
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21 apply to:
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22 1. Activities approved in writing by the Oklahoma Department of
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23 Agriculture, Food, and Forestry for scientific research or
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24 veterinary purposes, provided such activities are conducted under
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1 direct oversight by the Department and include measures to prevent
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2 escape or spread; or
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3 2. The use of a Judas pig tagging system, as defined in Section
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4 6-603 of Title 2 of the Oklahoma Statutes, where a radio-collared
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5 feral swine is released onto the same private land from which it was
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6 captured, within twenty-four (24) hours of capture, solely for the
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7 purpose of population control.
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8 D. Any person violating the provisions of this section shall be
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9 guilty of a misdemeanor for the first offense and shall be punished
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10 by a fine not less than Five Hundred Dollars ($500.00) nor more than
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11 One Thousand Dollars ($1,000.00), or by imprisonment in the county
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12 jail for not more than six (6) months, or by both such fine and
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13 imprisonment. For a second or subsequent offense, the violation
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14 shall be a felony punishable by a fine not less than Two Thousand
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15 Dollars ($2,000.00) nor more than Five Thousand Dollars ($5,000.00),
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16 or by imprisonment in the custody of the Department of Corrections
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17 for not more than one (1) year, or by both such fine and
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18 imprisonment. In addition, upon conviction, the court may order the
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19 revocation of any hunting, fishing, or agricultural license held by
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20 the violator for a period of one (1) to two (2) years.
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21 E. Violations involving the intentional release of ten or more
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22 feral swine, or releases that result in documented spread to new
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23 areas, shall be classified as a felony regardless of prior offenses,
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1 with penalties as provided in subsection D of this section for
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2 subsequent offenses.
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3 F. Nothing in this section shall be construed to prohibit the
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4 removal of feral swine as authorized under Section 6-604 of Title 2
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5 of the Oklahoma Statutes or other provisions of the Feral Swine
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6 Control Act.
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7 SECTION 3. AMENDATORY 29 O.S. 2021, Section 4-107.2, as
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8 amended by Section 1, Chapter 77, O.S.L. 2018, is amended to read as
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9 follows:
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10 Section 4-107.2. A. The Oklahoma Department of Agriculture,
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11 Food, and Forestry is authorized to issue a permit to a person to
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12 engage in the management of depredating animals by use of aircraft.
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13 The permit may be issued without limitation by statewide season
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14 regulations or bag limits.
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15 B. The permit holder may contract with and authorize other
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16 persons to engage in the management of depredating animals by use of
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17 an aircraft, provided that the permit holder accompanies the
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18 authorized person while engaging in the activity and, if engaging in
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19 the activity on private property, the authorized person has consent
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20 of the landowner. Any person contracting with or authorized by a
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21 permit holder pursuant to this subsection shall not be required to
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22 have a permit to engage in the management of depredating animals by
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23 use of aircraft. If contracting or authorizing other persons to
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24 engage in the management of depredating animals by use of an
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1 aircraft, the permit holder shall inform the person of the
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2 importance of safely keeping his or her aim and fire beneath the
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3 horizon. The permit holder shall have the authorized person sign a
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4 disclosure stating that the person is aware of the dangers of aiming
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5 and shooting over the horizon. The permit holder shall retain a
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6 copy of the disclosure for a reasonable period of time. Personnel
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7 of the Department of Defense and law enforcement shall not be
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8 required to sign a disclosure.
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9 C. A pilot of an aircraft used for the management of
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10 depredating animals shall maintain a daily flight log and report.
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11 The daily flight log shall be current and available for inspection
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12 by employees of the Oklahoma Department of Agriculture, Food, and
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13 Forestry at reasonable times. The permit shall be carried in the
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14 aircraft when performing management by the use of aircraft. Each
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15 permit holder, authorized person pursuant to subsection B of this
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16 section, and pilot shall comply with all Federal Aviation
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17 Regulations for the specific type of aircraft. The Oklahoma
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18 Department of Agriculture, Food, and Forestry shall not require the
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19 pilot to hold a specific type of pilot's license. The Oklahoma
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20 Department of Agriculture, Food, and Forestry shall also not require
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21 the permit holder or pilot to carry liability insurance.
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22 Applications for a permit shall be submitted to the Oklahoma
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23 Department of Agriculture, Food, and Forestry and shall contain all
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24 information as required by the Oklahoma Department of Agriculture,
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1 Food, and Forestry. The Oklahoma Department of Agriculture, Food,
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2 and Forestry may issue a permit if it finds that it will aid in the
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3 management of depredating animals. The Oklahoma Department of
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4 Agriculture, Food, and Forestry may deny the permit if it finds that
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5 it will have a deleterious effect on indigenous species. The
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6 Oklahoma Department of Agriculture, Food, and Forestry shall not
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7 require the names of the persons authorized by or contracting with
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8 the permit holder pursuant to subsection B of this section. The
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9 permit shall include, but is not limited to, the following
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10 information:
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11 1. The name and address of the permit holder;
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12 2. A description of the animals to be taken;
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13 3. A description of the area from which the animals are
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14 authorized to be taken; and
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15 4. The issue and expiration date of the permit.
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16 D. A permit to manage depredating animals issued pursuant to
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17 this section shall be valid for a period of one (1) year from the
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18 date of issuance. Permits may be renewed by filing an application
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19 for renewal with the Oklahoma Department of Agriculture, Food, and
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20 Forestry.
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21 E. The annual fee for a permit to manage depredating animals
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22 issued pursuant to this section shall be Two Hundred Dollars
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23 ($200.00).
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1 F. Not less than twenty-four (24) hours prior to managing
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2 depredating animals by use of an aircraft, a permit holder shall
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3 notify the Oklahoma Department of Agriculture, Food, and Forestry of
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4 the date, time, and area on which management will occur.
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5 Notification may be made by telephone, fax, or electronic means, as
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6 determined by the Oklahoma Department of Agriculture, Food, and
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7 Forestry.
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8 G. The holder of a permit to manage depredating animals issued
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9 pursuant to this section shall file with the Oklahoma Department of
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10 Agriculture, Food, and Forestry within thirty (30) days following
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11 the end of each calendar quarter or on termination of the permit,
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12 whichever occurs first, a report on a form prescribed by the
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13 Oklahoma Department of Agriculture, Food, and Forestry showing:
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14 1. The name, address, and permit number of the permit holder;
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15 2. The name and address of the pilot participating in the
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16 flights;
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17 3. The number and description of the depredating animals
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18 managed under the permit;
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19 4. The types of depredating animals authorized to be managed
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20 under the permit;
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21 5. Dates and times of authorized flights; and
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22 6. Any other information required by the Oklahoma Department of
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23 Agriculture, Food, and Forestry.
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1 H. It shall be unlawful for a person issued a permit to manage
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2 depredating animals pursuant to this section or a person authorized
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3 by or contracting with the permit holder pursuant to subsection B of
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4 this section to:
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5 1. Hunt, shoot, shoot at, kill, or attempt to kill from an
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6 aircraft any wildlife, domesticated animal, or livestock other than
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7 the depredating animals authorized by the permit;
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8 2. Intentionally disturb, haze, or buzz any wildlife,
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9 domesticated animal, or livestock by the use of an aircraft other
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10 than the depredating animals authorized by the permit; or
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11 3. Take or attempt to take any depredating animal for any
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12 purpose other than is necessary for the protection of land, water,
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13 wildlife, livestock, domesticated animals, human life, or crops.
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14 I. During designated deer hunting seasons from the dates of
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15 October 1 through January 15 as specified in rules promulgated by
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16 the Department of Wildlife Conservation, it shall be unlawful to
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17 take or attempt to take depredating animals, excluding feral swine,
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18 without first obtaining a special permit from the local game warden
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19 or other authorized employee of the Department of Wildlife
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20 Conservation.
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21 J. 1. Any person convicted of violating the provisions of this
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22 section shall be punished by a fine of not less than Five Hundred
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23 Dollars ($500.00) nor more than One Thousand Five Hundred Dollars
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24 ($1,500.00), or by imprisonment in the county jail not to exceed
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1 sixty (60) days, or by both such fine and imprisonment. Any person
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2 convicted of violating the provisions of this section shall have the
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3 permit issued pursuant to this section revoked. No new permit shall
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4 be issued for a period of six (6) months from and after the date on
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5 which the revocation order becomes effective.
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6 2. In addition to the criminal penalties specified by this
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7 section, the Oklahoma Department of Agriculture, Food, and Forestry
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8 may:
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9 a. assess an administrative penalty of not more than Ten
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10 Thousand Dollars ($10,000.00) per day of
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11 noncompliance, or
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12 b. bring an action for injunctive relief granted by a
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13 district court.
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14 3. A district court may grant injunctive relief to prevent a
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15 violation of, or to compel compliance with, any of the provisions of
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16 this section or any rule promulgated pursuant to this section, or
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17 order, license, or permit issued pursuant to this section.
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18 4. Nothing in this section shall preclude the Oklahoma
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19 Department of Agriculture, Food, and Forestry from seeking penalties
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20 in district court in the maximum amount allowed by law.
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21 5. Any person assessed an administrative penalty may be
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22 required to pay, in addition to the penalty amount and interest,
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23 attorney fees and costs associated with the collection of the
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24 penalties.
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1 6. The Oklahoma Department of Agriculture, Food, and Forestry
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2 or the district attorney of the appropriate district of Oklahoma may
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3 bring an action in district court for the criminal prosecution of a
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4 violation by any person of a provision of this section or any rule
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5 promulgated pursuant to this section, or order, license, or permit
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6 issued pursuant to this section. The assessment of penalties in an
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7 administrative enforcement proceeding shall not prevent the
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8 subsequent assessment by a court of the maximum criminal penalties
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9 for violations of this section.
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10 K. Any person convicted of violating the provisions of Section
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11 4-106 of this title shall have the permit issued pursuant to this
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12 section revoked. No new permit shall be issued for a period of six
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13 (6) months from and after the date on which the revocation order
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14 becomes effective.
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15 L. As used in this section:
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16 1. "Depredating animal" means feral hogs, coyotes, and
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17 crossbreeds between coyotes and dogs;
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18 2. "Management by the use of aircraft" means to manage
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19 depredating animals by counting, photographing, relocating,
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20 capturing, or hunting with any firearm by the use of aircraft; and
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21 3. "Aircraft" means manned fixed-wing and non-fixed-wing
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22 aircraft registered with the Federal Aviation Administration (FAA).
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1 SECTION 4. AMENDATORY 29 O.S. 2021, Section 4-135, as
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2 last amended by Section 1, Chapter 198, O.S.L. 2023 (29 O.S. Supp.
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3 2025, Section 4-135), is amended to read as follows:
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4 Section 4-135. A. The Department of Wildlife Conservation is
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5 authorized to issue permits to landowners, agricultural lessees, or
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6 their designated agents with written permission of the landowner or
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7 agricultural lessee and to any entity of state, county, or local
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8 government to control nuisance or damage by any species of wildlife
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9 including, but not limited to, beaver, coyote, deer, bobcat,
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10 raccoon, and crow under rules promulgated by the Oklahoma Wildlife
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11 Conservation Commission. The permits may be issued without
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12 limitation by statewide season regulations, bag limits, or methods
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13 of taking. A permitted landowner, agricultural lessee, or a
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14 designated agent with written permission of the landowner or
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15 agricultural lessee may, with a valid permit issued pursuant to this
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16 section, control the wildlife specified in this subsection and feral
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17 swine at night to protect marketable agricultural crops, livestock,
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18 or processed feed, seed, or other materials used in the production
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19 of an agricultural commodity.
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20 B. Except as otherwise specified in this subsection section,
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21 the permit to hunt at night shall be valid for a period of up to one
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22 (1) year from the date the permit was issued.
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23 C. Notwithstanding the provisions of Section 5-203.1 of this
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24 title, a landowner, agricultural lessee, or designated agent with
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1 written permission of the landowner and with a valid permit may use
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2 a headlight carried on the person while hunting at night. Nothing
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3 in this section shall authorize the use of a headlight mounted on a
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4 vehicle or the use of a headlight from a public roadway.
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5 D. Any person who has been convicted of, or pled guilty to, a
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6 violation of Section 5-203.1 or Section 5-411 of this title within
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7 the previous three (3) years shall not be eligible to receive a
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8 permit pursuant to this section. The permit can be issued by the
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9 local game warden in the county for which the permit is to be used
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10 or by the Law Enforcement Division of the Department of Wildlife
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11 Conservation.
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12 E. It shall be lawful for any private landowner or designated
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13 employee of the landowner or lessee to have a chamber-loaded firearm
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14 on property owned by the landowner, and to use the firearm for the
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15 purpose of controlling nuisance or damage by any wildlife or feral
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16 swine. Nothing in this section shall authorize any convicted felon
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17 to carry a firearm.
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18 SECTION 5. AMENDATORY Section 3, Chapter 171, O.S.L.
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19 2022 (29 O.S. Supp. 2025, Section 4-135.2), is amended to read as
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20 follows:
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21 Section 4-135.2. A. Except during the regular deer gun seasons
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22 season, a landowner, agricultural lessee, or their his or her
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23 designated agent with written permission from the landowner or
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24 agricultural lessee may control nuisance or damage by coyotes or
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1 feral swine without a permit as provided for in Section 4-135 of
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2 Title 29 of the Oklahoma Statutes this title during the day or
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3 night, and without limitation by statewide season regulations or bag
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4 limits, and with the use of any legal means of take, to protect
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5 marketable agricultural crops, livestock, or processed feed, seed,
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6 or other materials used in the production of an agricultural
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7 commodity. Landowners or agricultural lessees performing nuisance
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8 control activities shall be required to have a current agricultural
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9 exemption permit issued by the Oklahoma Tax Commission.
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10 B. Except during the regular deer gun season, a landowner,
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11 agricultural lessee, or his or her designated agent with written
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12 permission from the landowner or agricultural lessee may control
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13 nuisance or damage by feral swine without a permit as provided for
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14 in Section 4-135 of this title during the day or night. During the
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15 regular deer gun season, any person, excluding landowners and
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16 agricultural lessees on property owned or leased by them, in the
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17 field during legal daylight shooting hours in possession of a
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18 firearm that is legal to harvest a deer shall be in possession of a
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19 hunting license and deer gun license unless otherwise exempt.
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20 C. Notwithstanding the provisions of Section 5-203.1 of Title
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21 29 of the Oklahoma Statutes this title, a landowner, agricultural
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22 lessee, or designated agent of the landowner or lessee may use a
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23 headlight, thermal, or light enhancement device carried on the
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24 person, a vehicle with or without a mounted spotlight, or night
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1 vision equipment while controlling nuisance coyotes and feral swine
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2 at night. Nothing in this subsection shall authorize the discharge
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3 of a firearm, the use of a headlight, thermal or night vision
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4 equipment, or a spotlight from a public roadway. Upon final
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5 conviction of violation of this section, any hunting or fishing
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6 license issued to a person by the Department of Wildlife
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7 Conservation shall be automatically revoked. The revocation shall
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8 be for a period not less than one (1) year.
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9 C. D. Any person who has been convicted of, or pleads guilty
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10 to, a violation of Section 5-203.1 of Title 29 of the Oklahoma
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11 Statutes or Section 5-411 of Title 29 of the Oklahoma Statutes of
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12 this title within a previous three-year period shall not control
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13 nuisance or damage by coyotes or feral swine at night.
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14 SECTION 6. REPEALER 2 O.S. 2021, Section 6-605, is
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15 hereby repealed.
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16 SECTION 7. This act shall become effective November 1, 2026.
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Req. No. 3497 Page 14Every fact on this page links to its source, starting with the official bill record.