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STATE OF OKLAHOMA
1st Session of the 58th Legislature (2021)
SENATE BILL 772 By: Murdock
AS INTRODUCED
An Act relating to nuisance wildlife; amending 29
O.S. 2011, Sections 4-135 and 5-203.1, which relate
to permits to control nuisance or damage by wildlife
and headlighting; authorizing the cont rol of coyote
at night with permit; authoriz ing the taking of
coyote at night with the use of light; updating
statutory reference; providing for codification; and
providing an effective date.
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1. AMENDATORY 29 O.S. 2011, Section 4 -135, is
amended to read as follows:
Section 4-135. A. The Department of Wildlife Conservation is
authorized to issue perm its to landowners, lessees, or their
designated agents and to any entity of state, county , or local
government to control nuisance or damage by any species of wildlife
including, but not limited to , beaver, coyote, deer, bobcat,
raccoon, feral swine and crow under rules promulgated by the
Oklahoma Wildlife Conservation Commission. The permits may be
issued without limitation by statewid e season regulations, bag
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limits or methods of taking. A permit ted landowner, lessee or a
designated agent of the landown er or 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 pr oduction of an agricultural commodity.
B. Except as otherwise specified in this subsection, the permit
to hunt at night shall be vali d for a period of up to one (1) year
from the date the permit wa s issued. Each landowner, lessee , or
designated agent wit h a valid permit shall be required to have a
current agricultural exemption permit issued by the Oklahoma Tax
Commission.
C. Notwithstanding the provisions of Section 5-203.1 of this
title, a landowner, lessee, or designated agent of the landowner or
lessee with a valid permit may use a headlight carried on the person
while hunting at night. Nothing in this section shall authorize the
use of a headlight mounted on a vehicle or the use of a headligh t
from a public roadway.
D. Any person who has been convi cted 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 be issued by the
local game warden in the coun ty for which the permit is to be used
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or by the Law Enforcement Division of the Department of Wildlife
Conservation.
E. Notwithstanding the provisions of Section 1289.13 of Title
21 of the Oklahoma Statutes, it shall be lawful for any private
landowner or designated employee of the landowner 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 t his section shall
authorize any convicted felon to carry a firearm.
SECTION 2. AMENDATORY 29 O.S. 2011, Section 5 -203.1, is
amended to read as follows:
Section 5-203.1. A. No Except as provided in S ection 3 of this
act, no person may attempt to take, take, attempt to catch, catch,
attempt to capture, capture, attem pt to kill, or kill any deer,
feral animal or other wildlife except fish and frogs by the use of a
vehicle mounted spotligh t or other powerful light at night, by what
is commonly known as "headlighting". Provided, however, nothing in
this section shall prevent one from posses sing a .22 caliber rimfire
rifle or .22 pistol and a light carried while in pursuit of
furbearers with hounds during the legal, open furbearers sea son,
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 for the purpose of hunting
predatory animals,; provided, that written permission is obtained
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from the local game ward en for each twenty-four-hour period of
hunting. Any gauge shotgun or cal iber rifle may be used for the
purpose of controlling coyotes and feral swine.
C. It shall be illegal to hunt fro m 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 otherw ise provided for in this section, no person
may harass, attempt to capture, capture, attempt to take or take,
kill or attempt to kill an y wildlife with the aid of any motor-
driven land, air or water conveyance. A nonambulatory person may
hunt from said conveyances any motor-driven land, air or water
conveyance 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 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 private property for f ollowing
dogs in the act of hunting with the permissi on of the landowner or
occupant.
E. Employees of the Oklahoma Department of Agriculture, Foo d,
and Forestry Wildlife Services Division and the Uni ted States
Department of Agriculture Wildlife Services w hile engaged in
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wildlife management activities for th e protection of agriculture,
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 provisions of this
section shall be guilty of a misdemeanor and shall be pun ished 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 no t 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 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 du plication in numbering, reads as foll ows:
A. Except during deer gun season, a private property landowner,
lessee or their designated agent 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 b y statewide season regulations, bag limits
or methods of taking to protect marketable agricultural crops,
livestock or processed feed, seed or other materials used in the
production of an agricultural commodity .
B. Notwithstanding the provisions of Sectio n 5-203.1 of Title
29 of the Oklahoma Statutes , a landowner, lessee or designated agent
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of the landowner or lessee may use a headlight carried on the
person, a vehicle with or without a mounted spotlight or night
vision equipment while controlling coyotes and feral s wine at night.
Nothing in this section shall authorize the use of a headlight,
night vision equipment or a spotlight from a public roadway.
C. Any person who has been convicted of, or pled guilt y to, a
violation of Section 5 -203.1 or Section 5-411 of Title 29 of the
Oklahoma Statutes within the previous three (3) y ears shall not
control nuisance or da mage by coyotes or feral swine at night.
SECTION 4. This act shall become effective November 1, 2021.
58-1-920 NP 1/21/2021 2:09:28 PM