Req. No. 3159 Page 1 1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
STATE OF OKLAHOMA
2nd Session of the 59th Legislature (2024)
SENATE BILL 1841 By: Dahm
AS INTRODUCED
An Act relating to wildlife; amending 2 O.S. 2021,
Section 6-604, which relates to the Feral Swine
Control Act; expanding authorization to remove feral
swine at night; exempting certain persons from
licensing and permit requirements; e liminating permit
requirement to remove feral swine at night;
authorizing the use of motor -driven land conveyance
and certain lights and equipment when removin g feral
swine; amending 29 O.S. 2021, Section 4 -135, as last
amended by Section 1, Chapter 198, O.S.L. 2023 (29
O.S. Supp. 2023, Section 4-135), which relates to
permits to control nuisance animals; removing feral
swine from permit requirement; amending 29 O.S. 2021,
Section 5-203.1, as amended by Section 2 , Chapter
171, O.S.L. 2022 (29 O.S Supp. 2023, Section 5-
203.1), which relates to headlight ing; modifying
exceptions to include removing feral swin e; updating
statutory reference; updating statutory langu age;
repealing 2 O.S. 2021, Section 6-605, which relates
to special permit to kill feral swine; and providing
an effective date.
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1. AMENDATORY 2 O.S. 2021, S ection 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 written permission of the owner
may remove feral swine from pri vate or public property during
Req. No. 3159 Page 2 1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
daylight hours or at night. Any person who removes or attempts to
remove feral swine pursuant to this section shall not be required to
obtain a license to h unt wildlife issued by the Depart ment of
Wildlife Conservation or a permit to control wildlife issued
pursuant to Section 4-135 of Title 29 of the Oklahoma Statutes .
B. Any person who intends to kill or attempt to kill feral
swine at night shall obtain a permit issued by the Department of
Wildlife Conservation pursuant to Section 4-135 of Title 29 of the
Oklahoma Statutes and promulgated rules Any person who removes or
attempts to removal feral swine pursuant to this section may use a
motor-driven land conveyance to pursue or follow feral swine, may
use a vehicle-mounted spotlight or other powerful light also known
as a headlight, and may use night -vision equipment that uses either
image enhancement technology or thermal imaging technology.
SECTION 2. AMENDATORY 29 O.S. 2021, Section 4 -135, as
last amended by Section 1, Chapter 198, O.S.L. 2023 (2 9 O.S. Supp.
2023, Section 4-135), is amended to read as follows:
Section 4-135. A. The Department of Wildlife Conservation is
authorized to issue permits to landowners, agricultural lessees, or
their designated agents with written permission of the land owner or
agricultural lessee and to any entity of state, c ounty, or local
government to control nuisance or damag e by any species of wildlife
including, but not limited to, beaver, coyote, deer, bobcat, raccoon
and crow under rules promulgated by the Oklah oma Wildlife
Req. No. 3159 Page 3 1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
Conservation Commission. The permits may be issued wit hout
limitation by statewide season regulatio ns, 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 pu rsuant 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 production of an
agricultural commodity.
B. Except as otherwise specified in this subsection section,
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.
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 se ction. The permit can may be issued by
the local game warden in the county for which the permit is to be
Req. No. 3159 Page 4 1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
used or by the Law Enforcement Division of the Department of
Wildlife Conservation.
E. It shall be lawful for an y 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 this section shall authorize any convicted felon
to carry a firearm.
SECTION 3. AMENDATORY 29 O.S. 2021, Section 5 -203.1, as
amended by Section 2, Chapter 171, O.S.L. 2022 (29 O.S. Supp. 2023,
Section 5-203.1), is amended to read as follows:
Section 5-203.1. A. Except as provided in Section 3 of this
act 4-135.2 of this title, no person may attempt to take, take,
attempt to catch, ca tch, attempt to capture, capture, attempt to
kill or kill any deer, feral animal or other wildlife except fish
and, frogs, and feral swine as provided for in Section 6 -604 of
Title 2 of the Oklahoma Statutes, 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 po ssessing a .22 caliber rimfire rifle or .22
pistol and a light car ried while in pursuit of furbearers with
hounds during the legal, open furbearers season , while possessing a
valid hunting license.
Req. No. 3159 Page 5 1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
B. 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 shal l not
pertain to hunting of waterfowl enroute from bank to blind with
unloaded shotguns.
C. Except as provided for in this section and, in Section 3 of
this act 4-135.2 of this title, and except when removing feral swine
as provided for in Sect ion 6-604 of Title 2 of the Oklahoma
Statutes, no person may harass, attempt to capture, capture, attempt
to take or take, kill or attempt to kill any wildlife or feral swine
with the aid of any motor -driven land, air or water c onveyance. A
nonambulatory person may hunt from said such 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 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 following dogs in the act of
hunting with the permission of the landowner or occupant.
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,
Req. No. 3159 Page 6 1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
property, human health and safety and natural resources shall be
exempt from the provisions of this secti on.
E. Any person convicted o f violating the provisions of this
section shall be guilty of a misdemeano r and shall be punished by a
fine of not less than One Thousand Dollars ($1,000.00) for a first
offense and not less than 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, 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 attor ney,
shall order the hunting and fishing license pr ivileges 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,
revocation, or denial of licensure, the person m ay apply for a new
hunting or fishing licens e or request a reinstatement of a lifetime
license, if the person previously held a lifetime license. The
person applying for a n ew or reinstated license shall be required to
pay a reinstatement fee of Two Hundr ed Dollars ($200.00) fo r
residents of this state and a reinstatement fee of Five Hundred
Dollars ($500.00) for no nresidents. This fee shall be in additio n
to any other fees required for the hunting and fishing license.
Req. No. 3159 Page 7 1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
SECTION 4. REPEALER 2 O.S. 2021, Section 6-605, is
hereby repealed.
SECTION 5. This act shall become effective November 1, 2024.
59-2-3159 MR 1/17/2024 4:55:05 PM