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STATE OF OKLAHOMA
1st Session of the 59th Legislature (2023)
SENATE BILL 648 By: Bergstrom
AS INTRODUCED
An Act relating to feral swine; amending 2 O.S. 2021,
Section 6-604, which relates to removal of feral
swine; requiring permit for use on public property;
amending 29 O.S. 2021, Section 4-135, as amended by
Section 1, Chapter 171, O.S.L. 2022 (29 O.S. Supp.
2022, Section 4-135), which relates to p ermits to
control nuisance or damage by wildlife; removing
provision for night hunting and requirement to prove
certain exemption; and providing an effective dat e.
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1. AMENDATORY 2 O.S. 2021, Secti on 6-604, is
amended to read as follows:
Section 6-604. A. Except as otherwise specified in the Feral
Swine Control Act, any person with permission of the owner may
remove feral swine from private or pu blic property during daylight
hours.
B. Any person who intends to kill or attempt to kill f eral
swine at night on public property shall obtain a permit issued by
the Department of Wildlife Conservation pursuant to Section 4 -135 of
Title 29 of the Oklahoma Statutes and promu lgated rules.
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SECTION 2. AMENDATORY 29 O.S. 2021, Section 4-135, as
amended by Section 1, Chapter 171, O.S.L. 2022 (29 O.S. Supp. 2022,
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 wit hout
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 agricu ltural crops, livestock or
processed feed, seed or other materials used in the productio n 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. Landowners or agricultural
lessees with a valid permit shall be required to have a current
agricultural exemption permit issued by the Oklahoma Tax Commissi on.
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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 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 Wild life
Conservation.
E. 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 carry a firearm.
SECTION 3. This act shall become effective November 1, 2023.
59-1-944 MR 1/18/2023 10:01:28 AM