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STATE OF OKLAHOMA
1st Session of the 58th Legislature (2021)
COMMITTEE SUBSTITUTE
FOR
SENATE BILL 772 By: Murdock of the Senate
and
Newton of the House
COMMITTEE SUBSTITUTE
An Act relating to hunting; amending 29 O.S. 2011,
Section 4-135, which relates to permits to control
nuisance wildlife; modifying language; requiring
certain written permission; amending 29 O.S. 2011,
Section 5-203.1, which relates to headlighting;
providing certain exception; updating statutory
references; deleting certain weapons and procedure;
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,
revocation or denial; providing for reinstate ment;
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
issued by the Oklahoma Tax Commission for nuisance
control; providing exception for headlighting ;
prohibiting nuisance control at night for persons
convicted within certain period of time; providing
for codification; and providing an effec tive date.
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
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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 permits to landowne rs, agricultural lessees, or
their designated agents with written permission of the landowner 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, dee r, bobcat, raccoon, and crow under
rules promulgated by the Oklahoma Wildlife Cons ervation Commission.
The permits may be issued without limitation by statewid e season
regulations, bag limits or methods of taking. A permitte d
landowner, agricultural lessee or a designated agent with written
permission of the landowner or lessee may, with a valid permit
issued pursuant to this section, control the wildlife specified in
this subsection and feral swi ne at night to protect market able
agricultural crops, lives tock, or processed feed, seed or other
materials used in the production of an agri cultural 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 perm it was issued. Each landowner, agricultural
lessee, or designated agent with a va lid permit shall be required to
have a current agricultural exemption permit issued by the Oklahoma
Tax Commission.
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C. Notwithstanding the provisions of Section 5-203.1 of this
title, a landowner, agricultural lessee, or designated agent with
written permission of the landowner or lessee and with a valid
permit may use a headlight carried on the person while hunting at
night. Nothing in this sec tion 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 be issued b y the
local game warden in the county for which the permit is to be used
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 lan downer, 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 carry a firearm.
SECTION 2. AMENDATORY 29 O.S. 2011, Section 5-203.1, is
amended to read as follows:
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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, catc h,
attempt to capture, capture, attempt to kill, or kill any deer,
feral animal or other wildlife except fish a nd frogs 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 rimf ire
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 an d a call for the purpose of hu nting
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 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. C. Except as otherwise provided for in this se ction and in
Section 3 of this act, no person may harass, attempt to capture,
capture, attempt to take or ta ke, kill or attempt to kill any
wildlife with the aid of any motor -driven land, air or water
conveyance. A nonambulatory person may hunt from said conveyances
with written permission of the Director of Wildlife Conservation. A
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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 motor -driven land or water conveyances for
following dogs in the act of hunting, when use is rest ricted 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 permission of the landowner or occupant.
E. D. Employees of the Oklahoma Department of Agricultur e,
Food, and Forestry Wildli fe 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 a nd safety and natural resources sh all be
exempt from the provi sions of this section.
F. E. Any person convicted of violating the provisions of this
section shall be guilty of a misdemeanor and shall be punished by a
fine of not less than Two Hundred Fifty Do llars ($250.00) Two
Thousand Five hundred Dollars ($2,500.00) for a first offense and
not less than Five Hundred Dollars ($500.00) Five Thousand Dollars
($5,000.00) 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
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 privileges of a person
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convicted of a violation of this section suspended, revoked or
denied for a period of not less than six (6) months nor more than
ten (10) years. Upon completion of the period of suspension,
revocation or denial of licensure, the person may apply for a new
hunting or fishing l icense or request a reinstatement of a lifetime
license, if the person held a lifetime license. The person
applying for a new or reinstated license shall be required to pay a
reinstatement fee of Two Hundred 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 Sectio n 4-135.2 of Title 29, unless
there is created a duplication in numb ering, reads as follows:
A. Except during deer gun seasons, a landowner, agricultural
lessee or their designated agent with written permission from the
landowner may control nuisance or d amage 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 regulations 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 an agricultural commodity. Each landowner,
agricultural lessee, or designated agent per forming nuisance control
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activities shall be required to have a current agricultural
exemption permit issued by the Oklahoma Tax Commission.
B. Notwithstanding the provisions of Section 5 -203.1 of Title
29 of the Oklahoma Statutes, a landowner, agricultural lessee or
designated agent of the landown er 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 ple ads 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 November 1, 2021.
58-1-1725 NP 2/8/2021 12:16:05 PM