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1 STATE OF OKLAHOMA
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2 1st Session of the 60th Legislature (2025)
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3 SENATE BILL 478 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; removing requirement for permit or license to
8 remove or take feral swine; amending 29 O.S. 2021,
9 Sections 4-107.2, as amended by Section 1, Chapter
9 77, O.S.L. 2018, 4-135, as last amended by Section 1,
10 Chapter 198, O.S.L. 2023, and Section 3, Chapter 171,
10 O.S.L. 2022 (29 O.S. Supp. 2024, Sections 4-135 and
11 4-135.2), which relate to control of nuisance
11 wildlife; modifying definition; removing requirement
12 for permit or license to remove or take feral swine;
12 making language gender neutral; updating statutory
13 references; repealing 2 O.S. 2021, Section 6-605,
13 which relates to special permit for private property
14 owner to kill feral swine; and providing an effective
14 date.
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17 BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
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18 SECTION 1. AMENDATORY 2 O.S. 2021, Section 6-604, is
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19 amended to read as follows:
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20 Section 6-604. A. Except as otherwise specified in the Feral
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21 Swine Control Act, any person with permission of the owner may
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22 remove feral swine from private or public property during daylight
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23 hours.
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1 B. Any person who intends to kill or attempt to kill feral
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2 swine at night shall obtain a permit issued by the Department of
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3 Wildlife Conservation pursuant to Section 4-135 of Title 29 of the
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4 Oklahoma Statutes and promulgated rules.
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5 SECTION 2. AMENDATORY 29 O.S. 2021, Section 4-107.2, as
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6 amended by Section 1, Chapter 77, O.S.L. 2018, is amended to read as
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7 follows:
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8 Section 4-107.2. A. The Oklahoma Department of Agriculture,
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9 Food, and Forestry is authorized to issue a permit to a person to
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10 engage in the management of depredating animals by use of aircraft.
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11 The permit may be issued without limitation by statewide season
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12 regulations or bag limits.
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13 B. The permit holder may contract with and authorize other
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14 persons to engage in the management of depredating animals by use of
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15 an aircraft, provided that the permit holder accompanies the
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16 authorized person while engaging in the activity and, if engaging in
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17 the activity on private property, the authorized person has consent
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18 of the landowner. Any person contracting with or authorized by a
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19 permit holder pursuant to this subsection shall not be required to
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20 have a permit to engage in the management of depredating animals by
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21 use of aircraft. If contracting or authorizing other persons to
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22 engage in the management of depredating animals by use of an
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23 aircraft, the permit holder shall inform the person of the
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24 importance of safely keeping his or her aim and fire beneath the
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1 horizon. The permit holder shall have the authorized person sign a
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2 disclosure stating that the person is aware of the dangers of aiming
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3 and shooting over the horizon. The permit holder shall retain a
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4 copy of the disclosure for a reasonable period of time. Personnel
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5 of the Department of Defense and law enforcement shall not be
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6 required to sign a disclosure.
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7 C. A pilot of an aircraft used for the management of
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8 depredating animals shall maintain a daily flight log and report.
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9 The daily flight log shall be current and available for inspection
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10 by employees of the Oklahoma Department of Agriculture, Food, and
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11 Forestry at reasonable times. The permit shall be carried in the
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12 aircraft when performing management by the use of aircraft. Each
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13 permit holder, authorized person pursuant to subsection B of this
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14 section and pilot shall comply with all Federal Aviation Regulations
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15 for the specific type of aircraft. The Oklahoma Department of
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16 Agriculture, Food, and Forestry shall not require the pilot to hold
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17 a specific type of pilot's license. The Oklahoma Department of
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18 Agriculture, Food, and Forestry shall also not require the permit
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19 holder or pilot to carry liability insurance.
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20 Applications for a permit shall be submitted to the Oklahoma
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21 Department of Agriculture, Food, and Forestry and shall contain all
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22 information as required by the Oklahoma Department of Agriculture,
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23 Food, and Forestry. The Oklahoma Department of Agriculture, Food,
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24 and Forestry may issue a permit if it finds that it will aid in the
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1 management of depredating animals. The Oklahoma Department of
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2 Agriculture, Food, and Forestry may deny the permit if it finds that
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3 it will have a deleterious effect on indigenous species. The
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4 Oklahoma Department of Agriculture, Food, and Forestry shall not
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5 require the names of the persons authorized by or contracting with
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6 the permit holder pursuant to subsection B of this section. The
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7 permit shall include, but is not limited to, the following
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8 information:
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9 1. The name and address of the permit holder;
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10 2. A description of the animals to be taken;
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11 3. A description of the area from which the animals are
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12 authorized to be taken; and
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13 4. The issue and expiration date of the permit.
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14 D. A permit to manage depredating animals issued pursuant to
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15 this section shall be valid for a period of one (1) year from the
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16 date of issuance. Permits may be renewed by filing an application
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17 for renewal with the Oklahoma Department of Agriculture, Food, and
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18 Forestry.
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19 E. The annual fee for a permit to manage depredating animals
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20 issued pursuant to this section shall be Two Hundred Dollars
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21 ($200.00).
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22 F. Not less than twenty-four (24) hours prior to managing
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23 depredating animals by use of an aircraft, a permit holder shall
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24 notify the Oklahoma Department of Agriculture, Food, and Forestry of
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1 the date, time, and area on which management will occur.
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2 Notification may be made by telephone, fax, or electronic means, as
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3 determined by the Oklahoma Department of Agriculture, Food, and
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4 Forestry.
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5 G. The holder of a permit to manage depredating animals issued
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6 pursuant to this section shall file with the Oklahoma Department of
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7 Agriculture, Food, and Forestry within thirty (30) days following
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8 the end of each calendar quarter or on termination of the permit,
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9 whichever occurs first, a report on a form prescribed by the
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10 Oklahoma Department of Agriculture, Food, and Forestry showing:
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11 1. The name, address, and permit number of the permit holder;
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12 2. The name and address of the pilot participating in the
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13 flights;
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14 3. The number and description of the depredating animals
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15 managed under the permit;
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16 4. The types of depredating animals authorized to be managed
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17 under the permit;
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18 5. Dates and times of authorized flights; and
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19 6. Any other information required by the Oklahoma Department of
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20 Agriculture, Food, and Forestry.
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21 H. It shall be unlawful for a person issued a permit to manage
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22 depredating animals pursuant to this section or a person authorized
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23 by or contracting with the permit holder pursuant to subsection B of
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24 this section to:
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1 1. Hunt, shoot, shoot at, kill, or attempt to kill from an
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2 aircraft any wildlife, domesticated animal, or livestock other than
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3 the depredating animals authorized by the permit;
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4 2. Intentionally disturb, haze, or buzz any wildlife,
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5 domesticated animal, or livestock by the use of an aircraft other
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6 than the depredating animals authorized by the permit; or
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7 3. Take or attempt to take any depredating animal for any
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8 purpose other than is necessary for the protection of land, water,
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9 wildlife, livestock, domesticated animals, human life, or crops.
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10 I. During designated deer hunting seasons from the dates of
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11 October 1 through January 15 as specified in rules promulgated by
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12 the Department of Wildlife Conservation, it shall be unlawful to
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13 take or attempt to take depredating animals without first obtaining
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14 a special permit from the local game warden or other authorized
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15 employee of the Department of Wildlife Conservation.
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16 J. 1. Any person convicted of violating the provisions of this
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17 section shall be punished by a fine of not less than Five Hundred
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18 Dollars ($500.00) nor more than One Thousand Five Hundred Dollars
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19 ($1,500.00), or by imprisonment in the county jail not to exceed
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20 sixty (60) days, or by both such fine and imprisonment. Any person
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21 convicted of violating the provisions of this section shall have the
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22 permit issued pursuant to this section revoked. No new permit shall
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23 be issued for a period of six (6) months from and after the date on
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24 which the revocation order becomes effective.
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1 2. In addition to the criminal penalties specified by this
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2 section, the Oklahoma Department of Agriculture, Food, and Forestry
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3 may:
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4 a. assess an administrative penalty of not more than Ten
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5 Thousand Dollars ($10,000.00) per day of
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6 noncompliance, or
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7 b. bring an action for injunctive relief granted by a
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8 district court.
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9 3. A district court may grant injunctive relief to prevent a
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10 violation of, or to compel compliance with, any of the provisions of
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11 this section or any rule promulgated pursuant to this section, or
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12 order, license or permit issued pursuant to this section.
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13 4. Nothing in this section shall preclude the Oklahoma
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14 Department of Agriculture, Food, and Forestry from seeking penalties
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15 in district court in the maximum amount allowed by law.
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16 5. Any person assessed an administrative penalty may be
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17 required to pay, in addition to the penalty amount and interest,
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18 attorney fees and costs associated with the collection of the
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19 penalties.
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20 6. The Oklahoma Department of Agriculture, Food, and Forestry
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21 or the district attorney of the appropriate district of Oklahoma may
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22 bring an action in district court for the criminal prosecution of a
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23 violation by any person of a provision of this section or any rule
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24 promulgated pursuant to this section, or order, license or permit
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1 issued pursuant to this section. The assessment of penalties in an
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2 administrative enforcement proceeding shall not prevent the
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3 subsequent assessment by a court of the maximum criminal penalties
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4 for violations of this section.
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5 K. Any person convicted of violating the provisions of Section
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6 4-106 of this title shall have the permit issued pursuant to this
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7 section revoked. No new permit shall be issued for a period of six
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8 (6) months from and after the date on which the revocation order
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9 becomes effective.
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10 L. As used in this section:
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11 1. "Depredating animal" means feral hogs, coyotes, and
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12 crossbreeds between coyotes and dogs;
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13 2. "Management by the use of aircraft" means to manage
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14 depredating animals by counting, photographing, relocating,
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15 capturing, or hunting with any firearm by the use of aircraft; and
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16 3. "Aircraft" means manned fixed-wing and non-fixed-wing
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17 aircraft registered with the Federal Aviation Administration (FAA).
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18 SECTION 3. AMENDATORY 29 O.S. 2021, Section 4-135, as
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19 last amended by Section 1, Chapter 198, O.S.L. 2023 (29 O.S. Supp.
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20 2024, Section 4-135), is amended to read as follows:
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21 Section 4-135. A. The Department of Wildlife Conservation is
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22 authorized to issue permits to landowners, agricultural lessees, or
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23 their designated agents with written permission of the landowner or
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24 agricultural lessee and to any entity of state, county, or local
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1 government to control nuisance or damage by any species of wildlife
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2 including, but not limited to, beaver, coyote, deer, bobcat, raccoon
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3 and crow under rules promulgated by the Oklahoma Wildlife
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4 Conservation Commission. The permits may be issued without
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5 limitation by statewide season regulations, bag limits or methods of
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6 taking. A permitted landowner, agricultural lessee or a designated
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7 agent with written permission of the landowner or agricultural
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8 lessee may, with a valid permit issued pursuant to this section,
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9 control the wildlife specified in this subsection and feral swine at
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10 night to protect marketable agricultural crops, livestock or
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11 processed feed, seed or other materials used in the production of an
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12 agricultural commodity.
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13 B. Except as otherwise specified in this subsection section,
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14 the permit to hunt at night shall be valid for a period of up to one
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15 (1) year from the date the permit was issued.
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16 C. Notwithstanding the provisions of Section 5-203.1 of this
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17 title, a landowner, agricultural lessee, or designated agent with
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18 written permission of the landowner and with a valid permit may use
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19 a headlight carried on the person while hunting at night. Nothing
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20 in this section shall authorize the use of a headlight mounted on a
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21 vehicle or the use of a headlight from a public roadway.
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22 D. Any person who has been convicted of, or pled guilty to, a
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23 violation of Section 5-203.1 or Section 5-411 of this title within
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24 the previous three (3) years shall not be eligible to receive a
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1 permit pursuant to this section. The permit can be issued by the
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2 local game warden in the county for which the permit is to be used
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3 or by the Law Enforcement Division of the Department of Wildlife
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4 Conservation.
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5 E. It shall be lawful for any private landowner or designated
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6 employee of the landowner or lessee to have a chamber-loaded firearm
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7 on property owned by the landowner, and to use the firearm for the
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8 purpose of controlling nuisance or damage by any wildlife or feral
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9 swine. Nothing in this section shall authorize any convicted felon
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10 to carry a firearm.
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11 SECTION 4. AMENDATORY Section 3, Chapter 171, O.S.L.
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12 2022 (29 O.S. Supp. 2024, Section 4-135.2), is amended to read as
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13 follows:
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14 Section 4-135.2. A. Except during deer gun seasons, a
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15 landowner, agricultural lessee, or their his or her designated agent
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16 with written permission from the landowner or agricultural lessee
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17 may control nuisance or damage by coyotes or feral swine without a
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18 permit as provided for in Section 4-135 of Title 29 of the Oklahoma
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19 Statutes this title during the day or night, and without limitation
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20 by statewide season regulations or bag limits, and with the use of
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21 any legal means of take, to protect marketable agricultural crops,
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22 livestock or processed feed, seed, or other materials used in the
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23 production of an agricultural commodity. Landowners or agricultural
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24 lessees performing nuisance control activities shall be required to
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1 have a current agricultural exemption permit issued by the Oklahoma
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2 Tax Commission.
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3 B. Notwithstanding the provisions of Section 5-203.1 of Title
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4 29 of the Oklahoma Statutes this title, a landowner, agricultural
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5 lessee, or designated agent of the landowner or lessee may use a
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6 headlight, thermal, or light enhancement device carried on the
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7 person, a vehicle with or without a mounted spotlight, or night
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8 vision equipment while controlling nuisance coyotes and feral swine
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9 at night. Nothing in this subsection shall authorize the use of a
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10 headlight, thermal or night vision equipment, or a spotlight from a
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11 public roadway.
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12 C. Any person who has been convicted of, or pleads guilty to, a
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13 violation of Section 5-203.1 of Title 29 of the Oklahoma Statutes or
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14 Section 5-411 of Title 29 of the Oklahoma Statutes this title within
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15 a previous three-year period shall not control nuisance or damage by
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16 coyotes or feral swine at night.
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17 SECTION 5. REPEALER 2 O.S. 2021, Section 6-605, is
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18 hereby repealed.
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19 SECTION 6. This act shall become effective November 1, 2025.
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Req. No. 1285 Page 11Every fact on this page links to its source, starting with the official bill record.