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HOUSE OF REPRESENTATIVES - FLOOR VERSION
STATE OF OKLAHOMA
1st Session of the 58th Legislature (2021)
COMMITTEE SUBSTITUTE
FOR ENGROSSED
SENATE BILL NO. 772 By: Murdock of the Senate
and
Dempsey 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 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
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 effective 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 Conserva tion is
authorized to issue permits to landowners, 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 limited 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 landowner, 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 up 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 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 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 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 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. 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, catch,
attempt to capture, capture, attempt to kill , or kill any deer,
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”. Pro vided,
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 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 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 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
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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 moto r-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 following dogs in the act of
hunting with the perm ission of the landowner or occupant.
E. D. 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,
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 than Two Hundred Fifty Dollars ($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 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 license 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 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 from 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 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 a n agricultural commodity.
Landowners or agricultural lessees performing 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 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 swine 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 November 1, 2021.
COMMITTEE REPORT BY: COMMITTEE ON WILDLIFE, dated 04/12/2021 - DO
PASS, As Amended and Coauthored.