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STATE OF OKLAHOMA
2nd Session of the 58th Legislature (2022)
COMMITTEE SUBSTITUTE
FOR ENGROSSED
HOUSE BILL 4281 By: Dempsey and Sneed of the
House
and
Murdock of the Senate
COMMITTEE SUBSTITUTE
An Act relating to fish and wildlife; amending 29
O.S. 2021, Section 5 -301, which relates to limitation
on predator control devices; removing certain
limitation for use of cyanide devices; updating
statutory language; and providing an effective date.
BE IT ENACTED BY THE PE OPLE OF THE STATE OF OKLAHOMA:
SECTION 1. AMENDATORY 29 O.S. 2 021, Section 5-301, is
amended to read as follows:
Section 5-301. A. No person may set or use at any time any
poison, cyanide coyote getter, or other similar device , using
cyanide gas or other poisonous gas as the lethal agent, for the
purpose of killing predators, except in accordance with the
following conditions and procedures:
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1. Signs of a size and character and with wording to be
determined by the Oklahoma Department of Agriculture, Food, and
Forestry indicating the presence of cyanide coyot e getters or other
similar device using cyanide gas or other poisonous gas as the
lethal agent, shall be posted on all properties where said the
coyote getters are set to the ri ght and left of all entrances from
public roads and highways and from adjacent land s and at corners of
perimeter fences.
2. Such devices shall not be set from April 1 to September 30
of each calendar year ; provided, that, any devices set or used
within a commercial hunting area by a person holding a big game or
big game and upland game combination license pursuant to Section 4 -
106 of this title or a licensed farmed cervidae facility by a person
holding a farmed cervidae facility licen se pursuant to the Oklahoma
Farmed Cervidae Act may be set or used at any time of the year .
3. All signs as required by this article shall be in place
twenty-four (24) hours before said the devices are set and shall be
properly maintained in place during the permission period herein
provided.
4. A game warden may issue a permit for the setting of such
devices and such permit must be obtained prior to the setting of
such devices. Each permit shall be made in triplicate, the original
to be retained by the land owner concerned, one copy retained by the
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game warden and the other copy mailed immediately to the Departm ent
for its permanent record.
5. In applying for a permit, the landowner shall state the
number of devices to be set and the approximate location to the
nearest forty (40) acres.
6. Written permission permits required by this section shall
cover a period not exceeding six (6) months; provided, however, that
said the permits shall be subject to renewal for a like period of
time.
7. All signs required by t his section shall be removed at the
end of the permission period, unless said the permit is renewed
prior to the expiration date thereof.
8. No predator control devices shall be on any property without
the written permission of the record owner or lessee ther eof.
B. Predatory control conducted by th e Oklahoma Department of
Agriculture, Food, and Forestry or the Department of Wildlife
Conservation shall be exempt from the provisions of paragraphs 4, 5
and 6 of subsection A of this section.
C. The Director of the Department of Wildlife Conservation may
issue depredation permits to landowners for control of any nui sance
wildlife.
D. Any person convicted of violating the provisions of this
section shall be punished by a fine of not less than Fifty Dollars
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($50.00), or by imprisonment in the county jail for not more than
thirty (30) days, or by both such fine and imp risonment.
SECTION 2. This act shall become effective November 1, 2022.
58-2-3804 MR 4/11/2022 11:02:17 AM