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STATE OF OKLAHOMA
2nd Session of the 58th Legislature (2022)
COMMITTEE SUBSTITUTE
FOR
SENATE BILL 1809 By: Garvin
COMMITTEE SUBSTITUTE
An Act relating to hunting; amending 29 O.S. 20 21,
Section 4-135, which relates to permits to contro l
nuisance wildlife; modifying language; requiring
certain written permission; amending 29 O.S. 20 21,
Section 5-203.1, which relates to headlighting;
providing certain exception; updating statutory
references; removing certain allowance for hunting
predatory animals; increasing penalties; requiring
confiscation upon conviction; directing a district
court to suspend, revoke , or deny a license upon
request and conviction; stating minimum and maximum
period of suspension, revo cation, or denial;
providing for reinstatement; setting fees; making
reinstatement fees in addition to other license fees;
authorizing certain persons to control nuisance
coyotes or feral swine without a permit ; requiring
agricultural exemption permit issue d by the Oklahoma
Tax Commission for nuisance control; providing
exception for headlighting; providing certain
limitation; prohibiting nuisance control at night for
persons convicted within certain period of time;
providing for codificatio n; and providing an
effective date.
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1. AMENDATORY 29 O.S. 20 21, Section 4-135, is
amended to read as follows:
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Section 4-135. A. The Department of Wildlife Conserva tion is
authorized to issue permits to lando wners, agricultural lessees, or
their designated agents with written permission of the landowner or
agricultural lessee and to any entity of state, county, or local
government to control nuisance or damage by any species of wildlife
including, but not limi ted to, beaver, coyote, deer, bobcat,
raccoon, and crow under rules promulgated by the Oklahoma Wildlife
Conservation Commission. The permits may be issued without
limitation by statewide season regulations, bag limits or methods of
taking. A permitted l andowner, agricultural lessee or a designated
agent with written permission of the landowner or agricultural
lessee may, with a valid permit issued pursuant to this section,
control the wildlife specified in this subsection and feral swine at
night to protect marketable 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 u p to one (1) year
from the date the permit was issued. Each landowner, lessee, or
designated agent Landowners or agricultural lessees with a valid
permit shall be required to have a current agricultural exemptio n
permit issued by the Oklahoma Tax Commissi on.
C. Notwithstanding the provisions of Section 5 -203.1 of this
title, a landowner, agricultural lessee, or designated agent with
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written permission of the landowner or lessee and with a valid
permit may use a headlight carried on the person while huntin g at
night. Nothing in this section 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 not be eligible to receive a
permit pursuant to this section. The permit can be issued by the
local game warden in the county for which the permit is to be used
or by the Law Enforcement Division of t he Department of Wildlife
Conservation.
E. Notwithstanding the provisions of Section 1289.13 of Title
21 of the Oklahoma Statutes, it It shall be lawful for any private
landowner or designated employee of the lando wner or lessee to have
a chamber-loaded firearm on property owned by the landowner, and to
use the firearm for the purpose of controlling nuisance or damage by
any wildlife or feral swine. Nothing in this section shall
authorize any convicted felon to car ry a firearm.
SECTION 2. AMENDATORY 29 O. S. 2021, Section 5-203.1, is
amended to read as follows:
Section 5-203.1. A. No Except as provided in Section 3 of this
act, no person may attempt to take, take, attempt to catch, catch,
attempt to capture, capture, attempt to kil l, or kill any deer,
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feral animal or other wildlife except fish and frogs by the use of a
vehicle mounted vehicle-mounted spotlight or other powerful light at
night, by what is commonly known as "headlighting". Provided,
however, nothing in this section s hall 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 li cense.
B. Any person may use a shotgun, using No. 6 size shot or
smaller, longbow, light 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 f rom a boat with a firear m 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. C. Except as otherwise provided for in this section and in
Section 3 of this act, 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
conveyance. A nonambulatory person may h unt from said conveyances
with written permission of the Director of Wildlife Conservation. A
person may hunt from an air conveyance if issued a permit pursuant
to Section 1 4-107.2 of this act title. Nothing in this section
shall prevent the use of moto r-driven land or water conveyances for
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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 private property for following dogs in the act of
hunting with the perm ission of the landowner or occupant.
E. D. Employees of the Okla homa 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,
property, human health and safety and natural resources shall be
exempt from the provisions of this section.
F. E. Any person convicted of violating the provisions of this
section shall be guilty of a misdemeanor and sh all be punished by a
fine of not less tha n Two Hundred Fifty Doll ars ($250.00) One
Thousand Dollars ($1,000.00) for a first offense and not less than
Five Hundred Dollars ($500.00) Two Thousand Dollars ($2,000.00) for
a second offense or by imprisonment in the county jail for not less
than ten (10) days nor more than on e (1) year, or and by
confiscation pursuant to Section 5 -402 of this title or by such
fine, imprisonment and confiscation.
F. A district court, upon request by the district attorney,
shall order the hunting and fishing license priv ileges of a person
convicted of a violation of this section suspended, revoked , or
denied for a period not less than one (1) year nor more than ten
(10) years. Upon completion of the period of suspension,
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revocation, or denial of licensure, the person m ay apply for a new
hunting or fishing license or request a reinstatement of a lifetime
license, if the person previously held a lifetime license. The
person applying for a new or reinstated license shall be required
to pay a reinstatement fee of Two Hundr ed Dollars ($200.00) for
residents of this state and a reinstatement fee of Five Hundred
Dollars ($500.00) for nonresidents. This fee shall be in addition
to any other fees required for the hunting and fishing license.
SECTION 3. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 4 -135.2 of Title 29, unless
there is created a duplication in numbering, reads as follows:
A. Except during deer gun seasons, a landowner, ag ricultural
lessee, or their designated agent with written permission f rom the
landowner or agricultural lessee may control nuisance or damage by
coyotes or feral swine without a permit as provided for in Section
4-135 of Title 29 of the Oklahoma Statutes during the day or night,
and without limitation by statewide season reg ulations or bag
limits, and with the use of any legal means of take, to protect
marketable agricultural crops, livestock or processed feed, seed , or
other materials used in the production of a n agricultural commodity.
Landowners or agricultural lessees per forming nuisance control
activities shall be required to have a current agricultural
exemption permit issued by the Oklahoma Tax Commission.
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B. Notwithstanding the provisions of Section 5 -203.1 of Title
29 of the Oklahoma Statutes, a landowner, agricultur al lessee, or
designated agent of the landowner or lessee may use a headlight,
thermal, or light enhancement device carried on the person, a
vehicle with or without a mounted spotlight or night vision
equipment while controlling nuisance coyotes and feral sw ine at
night. Nothing in this subsection shall authorize the use of a
headlight, thermal or night vision equipment , or a spotlight from a
public roadway.
C. Any person who has been convicted of, or pleads guilty to, a
violation of Section 5-203.1 of Title 29 of the Oklahoma Statutes or
Section 5-411 of Title 29 of the Oklahoma Statutes within a previous
three-year period shall not control nuisance or damage by coyotes or
feral swine at night.
SECTION 4. This act shall become effective Nove mber 1, 2022.
58-2-3658 MR 2/28/2022 11:09:00 AM