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SENATE FLOOR VERSION
March 3, 2025
COMMITTEE SUBSTITUTE
FOR
SENATE BILL NO. 478 By: Deevers of the Senate
and
West (Rick) of the House
An Act relating to feral swine; amending 2 O.S. 2021,
Section 6-604, which relates to the removal of feral
swine; requiring permission from landowner or lessee
to remove or take feral swine on certain property;
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. Supp.
2024, Sections 4-135 and 4-135.2), which relate to
control of nuisance wildlife; removing ability to
maintain certain firearm for nuisance control ;
permitting the nuisance control without permit unde r
certain circumstances; prohibiting certain times ;
authorizing revocation of license upon conviction;
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:
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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.
B. Any person who intends to kill or attempt to kill feral
swine at night shall obta in a permit issued by the Department of
Wildlife Conservatio n pursuant to Section 4 -135 of Title 29 of the
Oklahoma Statutes and promulgated rules written permission from the
landowner or agricultural lessee .
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 management of depredating animals by use of
an aircraft, provided that the permit 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 contractin g with or authorized by a
permit holder pursuant to this sub section shall not be required to
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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 de predating animals by use of an
aircraft, the permit holder shall inform the person of the
importance of safely keeping his or her aim and fire beneath the
horizon. The permit holder shall have the authorized person sign a
disclosure stating that the perso n is aware of the dangers of aiming
and shooting over the ho rizon. 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 disclos ure.
C. A pilot of an aircraft used for the management 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, a nd
Forestry at reasonable times. The permit shall be carrie d 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 Aviati on
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 insur ance.
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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
management of depredating animals. The Oklahoma Department of
Agriculture, Food, and Forestry may deny the permit if it finds that
it will have a deleterious effect on indige nous 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 pursuant to subsection B of this section. The
permit shall include, but is not limited 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 animals are
authorized to be taken; and
4. The issue and expiration date of the permi t.
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 applicatio n
for renewal with the Oklahoma Department of Agriculture, Food, and
Forestry.
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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
the date, time, and area on which management will occur.
Notification may be made by telephone, fax, or e lectronic 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 Forestr y 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 pe rmit number of the permit holder;
2. The name and address 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 authorized to be managed
under the permit;
5. Dates and times of authorized flights; and
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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:
1. Hunt, shoot, shoot at, kill, or attempt to kill from an
aircraft any wildlife, domesticated animal, or livestock other than
the depredating animals authorized by the permit;
2. Intentionally dis turb, 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 depred ating animal for any
purpose other than is necessary for 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 Conservat ion, it shall be unlawful to
take or attempt to take depredating animals , excluding feral swine,
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 violating the provisions of this
section shall be punished by a fine of not less than Five Hundred
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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.
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 promulgated 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,
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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
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 section.
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, photographing, 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 Feder al Aviation Administration (FAA).
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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 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 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 designa ted agent with
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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 permi t can be issued by the
local game warden in the county for w hich 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 landowne r 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 4. AMENDATORY S ection 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 the regular deer gun seasons
season, a landowner, agric ultural lessee, or their his or her
designated agent with written permission from the landowner or
agricultural lessee may control nuisance or damage by coyotes or
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feral swine without a permit as provided for in Section 4 -135 of
Title 29 of the Oklahoma St atutes this title during the day or
night, and without limit ation 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 u sed in the production of an agricultural
commodity. Landowners or agricultural lessees performing nuisance
control activities shall be required to have a current agricultural
exemption permit issued by the Oklahoma Tax Commission.
B. Except during the re gular deer gun season, a landowner,
agricultural lessee, or his or her designated agent with written
permission from the landowner or agricultural lessee may control
nuisance or damage by feral swine without a permit as provided for
in Section 4-135 of this title during the day or night. During the
regular deer gun season, any person, excluding landowners and
agricultural lessees on property owned or leased by them, in the
field during legal daylight shooting hours in possession of a
firearm that is legal to harvest a deer shall be in possession of a
hunting license and deer gun license unless otherwise exempt.
C. 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 spotlight , or night
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vision equipment while controlling nuisance coyotes and feral swine
at night. Nothing in this subsection shall authorize the discharge
of a firearm, the use of a headlight, thermal or night vision
equipment, or a spotlight from a public roadway. Upon final
conviction of violation of this section , any hunting or fishing
license issued to a person by the Department of Wildlife
Conservation shall be automatically revoked. The revocation shall
be for a period not less than one (1) year.
C. D. 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.
COMMITTEE REPORT BY: COMMITTEE ON AGRICULTURE AND WILDLIFE
March 3, 2025 - DO PASS AS AMENDED BY CS