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ENGROSSED SENATE AMENDMENT
TO
ENGROSSED HOUSE
BILL NO. 4281 By: Dempsey and Sneed of the
House
and
Murdock of the Senate
An Act relating to game and fish; amending 29 O.S.
2021, Section 5-203.1, which relates to spotl ighting;
allowing the spotlighting of coyotes; allowing the
use of night vision equipment to hunt coyotes; and
providing an effective date .
AMENDMENT NO. 1. Page 1, strike the title, enacting clause and
entire bill and insert
“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 OKLAHOM A:
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 p oisonous gas as the lethal agent, for the
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purpose of killing predators, except in accordance with the
following conditions and procedures:
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 entran ces 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
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to be retained by the land owner concerned, one copy retained by the
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 the 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 Conservat ion 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. ”
Passed the Senate the 27th day of April, 2022.
Presiding Officer of the Senate
Passed the House of Representatives the ____ day of __________,
2022.
Presiding Officer of the House
of Representatives
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ENGROSSED HOUSE
BILL NO. 4281 By: Dempsey and Sneed of the
House
and
Murdock of the Senate
An Act relating to game and fish; amending 29 O.S.
2021, Section 5-203.1, which relates to spotl ighting;
allowing the spotlighting of coyo tes; allowing the
use of night vision equipment to hunt coyotes; and
providing an effective date .
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OK LAHOMA:
SECTION 3. AMENDATORY 29 O.S. 2021, Section 5-203.1, is
amended to read as follows:
Section 5-203.1 A. No person may attempt to take, tak e,
attempt to catch, catch, attempt to capture, capture, attempt to
kill, or kill any deer, feral animal or other wildlife except fish
and, frogs and coyotes by the use of a vehicle moun ted spotlight or
other powerful light at night, by what is commonly kn own as
"headlighting". Provided, however, nothing in this section shall
prevent one from possessing a .22 caliber rimfire rifle or .22
pistol and a light car ried while in pursuit of fur bearers with
hounds during the legal, open furbearers season, while po ssessing a
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valid hunting license. Furthermore, any person may use enhanced
night vision equipment to attempt to take, take, attempt to catch,
catch, attempt to capture, capture, attempt to kill, or kill any
coyote using a properly equipped rifle or pistol.
B. Any person may use a shotgun, using N o. 6 size shot or
smaller, longbow, ligh t and a call for the purpose of hunting
predatory animals, provided that written permission is obtained from
the local game warden for each twenty -four-hour period of hunting.
C. It shall be illegal to hunt from a b oat with a firearm from
sunset until one-half (1/2) hour before sunrise. This shall not
pertain to hunting of waterfowl enroute from bank to b lind with
unloaded shotguns.
D. Except as otherwise prov ided for in this section, no person
may harass, attempt to capture, capture, attempt to take or take,
kill or attempt to kill any wildlife with the aid of any motor -
driven land, air or water conveyan ce. A nonambulatory person may
hunt from said conveyance s with written permission of the Director
of Wildlife Conservation. A person may hunt from an a ir conveyance
if issued a permit pursuant to Section 1 of this act. Nothing in
this section shall prev ent the use of motor-driven land or water
conveyances for following dogs in the act of hunting, when use is
restricted to public roads or waterways. Mot or-driven land or water
conveyances may be used on private property for following dogs in
the act of hunting with the permission of the landowner or occupant.
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E. Employees of the Oklahoma Department of Agriculture, Food,
and Forestry Wildlife Services Div ision and the United States
Department of Agriculture Wildlife Services while engaged in
wildlife management activities for the protection of agriculture,
property, human health and safety and natural resources shall be
exempt from the provisions of this s ection.
F. Any person convicted of violating the provisions of this
section shall be guilty of a misde meanor and shall be punished by a
fine of not less than T wo Hundred Fifty Dollars ($250.00) for a
first offense and not less than Five Hundred Dollars ($ 500.00) for a
second offense or by imprisonment in the county jail for not less
than ten (10) days nor more than one (1) year, or by confiscation
pursuant to Section 5-402 of this title or by such fine,
imprisonment and confiscation.
SECTION 4. This act shall become effective November 1, 2022.
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Passed the House of Representatives the 15th day of March, 2022.
Presiding Officer of the House
of Representatives
Passed the Senate the ___ day of __________, 2022.
Presiding Officer of the Senate