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STATE OF OKLAHOMA
2nd Session of the 58th Legislature (2022)
SENATE BILL 1771 By: Dahm
AS INTRODUCED
An Act relating to game and fish; amending 2 O .S.
2021, Section 6-604, which relates to the Feral Swine
Control Act; expanding authorizati on to remove feral
swine at night; exempting certain persons from
licensing and permit requirements; eliminating permit
requirement to remove feral swine at night;
authorizing the use of motor -driven land conveyance
and certain lights and equipment when removing feral
swine; amending 29 O.S. 2021, Section 4-135, which
relates to permits to control nuisance animals;
deleting feral swine from permit requirement;
amending 29 O.S. 2021, Section 5-203.1, which relates
to headlighting; modifying exceptions to inc lude
removing feral swine; updating statu tory reference;
repealing 2 O.S. 2021, Section 6-605, which relates
to special permit to kill feral swine; and providing
an effective date.
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1. AMENDATORY 2 O.S. 2021, Section 6 -604, is
amended to read as fo llows:
Section 6-604. A. Except as otherwise specified in the Feral
Swine Control Act, any person with permissio n of the owner may
remove feral swine from private or public property during daylight
hours or at night. Any person who removes or attempts to remove
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feral swine pursuant to this section shall not be required to obtain
a license to hunt wildlife issued by the Department of Wildlife
Conservation or a permit to control wildlife issued pursuant to
Section 4-135 of Title 29 of the Oklahoma Statutes .
B. Any person who intends to kill or attempt to kill feral
swine at night shall obtain a permit issued by the D epartment of
Wildlife Conservatio n pursuant to Section 4-135 of Title 29 of the
Oklahoma Statutes and promulgat ed rules Any person who removes or
attempts to remove feral swine pursuant to this section may use a
motor-driven land conveyance to pursue or fo llow feral swine, may
use a vehicle-mounted spotlight or other powerful light also known
as a headlight and may use night-vision equipment that uses either
image-enhancement technology or thermal -imaging technology.
SECTION 2. AMENDATORY 29 O.S. 2021, Section 4 -135, is
amended to read as follows:
Section 4-135. A. The Department of Wildlife Conservation is
authorized to issue permits to landowner s, lessees, or their
designated agents and to any entity of state, county, or local
government to control nuisance or damage by any spe cies of wildlife
including, but not limited to beaver, coyote, deer, bobcat, raccoon,
and crow under rules promulgated by the Oklahoma Wildlife
Conservation Commission. The permits may be issued wit hout
limitation by statewid e season regulations, bag limi ts or methods of
taking. A permitted landowner, lessee or a designated agent of the
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landowner or lessee may, with a vali d permit issued pursuant to this
section, control the wildlife specified in th is subsection and feral
swine at night to protect marketa ble agricultural crops, livestock,
or processed feed, seed or other materials used in the production of
an agricultural commodity.
B. Except as otherwise specified in this subsection, the permit
to hunt at night shall be valid for a period of up to one (1 ) year
from the date the permit was issued. Each landowner, lessee, or
designated agent with a valid permit shall be req uired to have a
current agricultural exemption permit issued by the Oklahoma T ax
Commission.
C. Notwithstanding the provisions of Sect ion 5-203.1 of this
title, a landowner, lessee, or designated agent of the landowner or
lessee with a valid permit may us e a headlight carried on the person
while hunting at night. Nothing in this s ection shall authorize the
use of a headlight mounted on a vehicle or the use of a headlight
from a public roadway.
D. Any person who has been convicted of, or pled guilty to, a
violation of Section 5 -203.1 or Section 5-411 of this title within
the previous three (3) years shall no t be eligible to receive a
permit pursuant to this section. The permit can may be issued by
the local game warden in the county for which the permit i s to be
used or by the Law Enforcement Division of the Department of
Wildlife Conservation.
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E. Notwithstanding the provisions of Secti on 1289.13 of Title
21 of the Oklahoma Statutes, it shall be lawful for any private
landowner or designated employee of t he landowner or lessee to have
a chamber-loaded firearm on property owned by t he landowner, and to
use the firearm for the purpose of c ontrolling nuisance or damage by
any wildlife or feral swine. Nothing in this section shall
authorize any convicted felo n to carry a firearm.
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, take,
attempt to catch, catc h, attempt to capture, capture, attempt to
kill, or kill any deer, feral animal or other wildlife except fish
and, frogs and feral swine as provided for in Section 6 -604 of Title
2 of the Oklahoma Statutes, by the use of a vehicle mounted
spotlight or other powerful light at night, by what is commonly
known as “headlighting”. Provided, however, nothing in this section
shall prevent one from possessing a .22 caliber rimfire rifle or .22
pistol and a light carried while in pursuit of furbearers with
hounds during the legal, open furbearers season, while possessing a
valid hunting license.
B. Any person may use a shotgun, using No. 6 size shot or
smaller, longbow, light and a call f or 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.
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C. It shall be illegal to hunt from a boat 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 blind with
unloaded shotguns.
D. Except as otherwise provided for in this se ction and except
when removing feral swine as provided for in Section 6 -604 of Title
2 of the Oklahoma Statutes, no person may harass, attempt to
capture, capture, attempt to take or take, kill or attempt to kill
any wildlife or feral swine with the aid of any motor -driven land,
air or water conveyance. A nonambulatory person may hunt from said
conveyances with written perm ission of the Director of Wildlife
Conservation. A person may hunt from an air conveyance if issued a
permit pursuant to Section 1 of this act 4-107.2 of this title.
Nothing in this section shall prevent 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. Motor -driven land
or water conveyances may be used on pri vate property for follo wing
dogs in the act of hunting with the permissio n of the landowner or
occupant.
E. Employees of the Oklahoma Department of Agriculture, Food,
and Forestry Wildlife Services Division and the United States
Department of Agriculture Wildlife Services while engaged in
wildlife management activities for the protection of agriculture,
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property, human health a nd safety and natural resources shall be
exempt from the provisions of this section.
F. Any person convicted of violating the prov isions of this
section shall be guilty of a misdemeanor and shall be puni shed by a
fine of not less than Two Hundred Fifty Do llars ($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 le ss
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. REPEALER 2 O.S. 2021, Section 6-605, is
hereby repealed.
SECTION 5. This act shall become effecti ve November 1, 2022.
58-2-3131 MR 1/20/2022 7:28:59 PM