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STATE OF OKLAHOMA
1st Session of the 60th Legislature (2025)
SENATE BILL 478 By: Deevers
AS INTRODUCED
An Act relating to feral swine; amending 2 O.S. 2021,
Section 6-604, which relates to the removal of feral
swine; removing requirement f or permit or license to
remove or take feral swine; amending 29 O.S. 2021,
Sections 4-107.2, as amended by Section 1, Chapter
77, O.S.L. 2018, 4-135, as last amended by Section 1,
Chapter 198, O.S.L. 2023, and Section 3, Chapter 171,
O.S.L. 2022 (29 O.S. S upp. 2024, Sections 4 -135 and
4-135.2), which relate to control of nuisance
wildlife; modifying definition; removing requirement
for permit or license to remove or take feral swine;
making language gender neutral; updating statutory
references; repealing 2 O.S. 2021, Section 6 -605,
which relates to special permit for private property
owner 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, Section 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 public property during daylight
hours.
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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.
SECTION 2. AMENDATORY 29 O.S. 2021, Section 4 -107.2, as
amended by Section 1, Chapter 77, O.S.L. 2018, is amended to read as
follows:
Section 4-107.2. A. The Oklahoma Department of Agriculture,
Food, and Forestry is authorized to issue a permit to a person to
engage in the management of depredating animals by use of aircraft.
The permit may be issued without limitation by statewide season
regulations or bag limits.
B. The permit holder may contract with and authorize other
persons to engage in the m anagement of depredating animals by use of
an aircraft, provided that the perm it holder accompanies the
authorized person while engaging in the activity and, if engaging in
the activity on private property, the authorized person has consent
of the landowner. Any person contracting with or authorized by a
permit holder pursuant to this subsection shall not be required to
have a permit to engage in the management of depredating animals by
use of aircraft. If contracting or authorizing other persons to
engage in the management of depredating animals by use of an
aircraft, the permit h older shall inform the person of the
importance of safely keeping his or her aim and fire beneath the
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horizon. The permit holder shall have the authorized person sign a
disclosure stating that the person is aware of the dangers of aiming
and shooting over the horizon. The permit holder shall retain a
copy of the disclosure for a reasonable period of time. Personnel
of the Department of Defense and law enforcement shall not be
required to sign a disclosure.
C. A pilot of an aircraft used for the manageme nt of
depredating animals shall maintain a daily flight log and report.
The daily flight log shall be current and available for inspection
by employees of the Oklahoma Department of Agriculture, Food, and
Forestry at reasonable times. The permit shall be carried in the
aircraft when performing management by the use of aircraft. Each
permit holder, authorized person pursuant to subsection B of this
section and pilot shall comply with all Federal Aviation Regulations
for the specific type of aircraft. The Oklahoma Department of
Agriculture, Food, and Forestry shall not require the pilot to hold
a specific type of pilot ’s license. The Oklahoma Department of
Agriculture, Food, and Forestry shall also not require the permit
holder or pilot to carry liability insurance.
Applications for a permit shall be submitted to the Oklahoma
Department of Agriculture, Food, and Forestry and shall contain all
information as required by the Oklahoma Department of Agriculture,
Food, and Forestry. The Oklahoma Department of Agriculture, Food,
and Forestry may issue a permit if it finds that it will aid in the
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management of depredating animals. The Oklahoma Department of
Agriculture, Food, and Fores try may deny the permit if it finds that
it will have a deleterious effect on indigenous species. The
Oklahoma Department of Agriculture, Food, and Forestry shall not
require the names of the persons authorized by or contracting with
the permit holder pur suant to subsection B of this section. The
permit shall include, but is not l imited to, the following
information:
1. The name and address of the permit holder;
2. A description of the animals to be taken;
3. A description of the area from which the an imals are
authorized to be taken; and
4. The issue and expiration date of the permit.
D. A permit to manage depredating animals issued pursuant to
this section shall be valid for a period of one (1) year from the
date of issuance. Permits may be renewed by filing an application
for renewal with the Oklahoma Department of Agriculture, Food, and
Forestry.
E. The annual fee for a permit to manage depredating animals
issued pursuant to this section shall be Two Hundred Dollars
($200.00).
F. Not less than twenty-four (24) hours prior to managing
depredating animals by use of an aircraft, a permit holder shall
notify the Oklahoma Department of Agriculture, Food, and Forestry of
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the date, time, and area on which management will occur.
Notification may be made by telephone, fax, or electronic means, as
determined by the Oklahoma Department of Agriculture, Food, and
Forestry.
G. The holder of a permit to manage depredating animals issued
pursuant to this section shall file with the Oklahoma Department of
Agriculture, Food, and Forestry within thirty (30) days following
the end of each calendar quarter or on termination of the permit,
whichever occurs first, a report on a form prescribed by the
Oklahoma Department of Agriculture, Food, and Forestry showing:
1. The name, address, and permit number of the permit holder;
2. The name and add ress of the pilot participating in the
flights;
3. The number and description of the depredating animals
managed under the permit;
4. The types of depredating animals authorize d to be managed
under the permit;
5. Dates and times of authorized flights; and
6. Any other information required by the Oklahoma Department of
Agriculture, Food, and Forestry .
H. It shall be unlawful for a person issued a permit to manage
depredating animals pursuant to this section or a person authorized
by or contracting with the permit holder pursuant to subsection B of
this section to:
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1. Hunt, shoot, shoot at, kill, or attempt to kill from an
aircraft any wildlife, domesticated animal, or livestoc k other than
the depredating animals authorized by the permit;
2. Intentionally disturb, haze, or buzz any wildlife,
domesticated animal, or livestock by the use of an aircraft other
than the depredating animals authorized by the permit; or
3. Take or attempt to take any depredating animal for any
purpose other than is necessary f or the protection of land, water,
wildlife, livestock, domesticated animals, human life, or crops.
I. During designated deer hunting seasons from the dates of
October 1 through January 15 as specified in rules promulgated by
the Department of Wildlife Conservation, it shall be unlawful to
take or attempt to take depredating animals without first obtaining
a special permit from the local game warden or other authorized
employee of the Department of Wildlife Conservation.
J. 1. Any person convicted of viol ating the provisions of this
section shall be punished by a fine of not less than Five Hundred
Dollars ($500.00) nor more than One Thousand Five Hundred Dollars
($1,500.00), or by imprisonment in the county jail not to exceed
sixty (60) days, or by both such fine and imprisonment. Any person
convicted of violating the provisions of this section shall have the
permit issued pursuant to this section revoked. No new permit shall
be issued for a period of six (6) months from and after the date on
which the revocation order becomes effective.
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2. In addition to the criminal penalties specified by this
section, the Oklahoma Department of Agriculture, Food, and Forestry
may:
a. assess an administrative penalty of not more than Ten
Thousand Dollars ($10,000.00) per day of
noncompliance, or
b. bring an action for injunctive relief granted by a
district court.
3. A district court may grant injunctive relief to prevent a
violation of, or to compel compliance with, any of the provisions of
this section or any rule pro mulgated pursuant to this section, or
order, license or permit issued pursuant to this section.
4. Nothing in this section shall preclude the Oklahoma
Department of Agriculture, Food, and Forestry from seeking penalties
in district court in the maximum amount allowed by law.
5. Any person assessed an administrative penalty may be
required to pay, in addition to the penalty amount and interest,
attorney fees and costs associated with the collection of the
penalties.
6. The Oklahoma Department of Agriculture, Food, and Forestry
or the district attorney of the appropriate district of Oklahoma may
bring an action in district court for the criminal prosecution of a
violation by any person of a provision of this section or any rule
promulgated pursuant to this section, or order, license or permit
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issued pursuant to this section. The assessment of penalties in an
administrative enforcement proceeding shall not prevent the
subsequent assessment by a court of the maximum criminal penalties
for violations of this s ection.
K. Any person convicted of violating the provisions of Section
4-106 of this title shall have the permit issued pursuant to this
section revoked. No new permit shall be issued for a period of six
(6) months from and after the date on which the revocation order
becomes effective.
L. As used in this section:
1. “Depredating animal” means feral hogs, coyotes, and
crossbreeds between coyotes and dogs;
2. “Management by the use of aircraft” means to manage
depredating animals by counting, photograph ing, relocating,
capturing, or hunting with any firearm by the use of aircraft; and
3. “Aircraft” means manned fixed-wing and non-fixed-wing
aircraft registered with the Federal Aviation Administration (FAA).
SECTION 3. AMENDATORY 29 O.S. 2021, Section 4 -135, as
last amended by Section 1, Chapter 198, O.S.L. 2023 (29 O.S. Supp.
2024, 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 or
agricultural lessee and to any entity of state, county, or local
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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 lando wner, 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 section,
the permit to hunt at night shall be valid for a period o f 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 age nt 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 publ ic 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
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permit pursuant to this section. The permit can b e 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. It shall be lawful for any private landowner or designated
employee of the landowner or le ssee 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 4. AMENDATORY Section 3, Chapter 171, O.S.L.
2022 (29 O.S. Supp. 2024, Section 4 -135.2), is amended to read as
follows:
Section 4-135.2. A. Except during deer gun seasons, a
landowner, agricultural lessee, or their his or her designated agent
with written permission from the landowner or agric ultural 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 this title 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. Landowners or agricultural
lessees performing nuisan ce control activities shall be required to
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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 this title, 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 spotli ght, 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 this title within
a previous three-year period shall not control nuisance or damage by
coyotes or feral swine at night.
SECTION 5. REPEALER 2 O.S. 2 021, Section 6-605, is
hereby repealed.
SECTION 6. This act shall become effective November 1, 2025.
60-1-1285 MR 1/9/2025 9:34:53 AM