Jurisdiction for Swine - Permitting Process - Oklahoma

A. The Department of Wildlife Conservation is authorized to issue permits to landowners, lessees, or their designated agents 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, lessee or a designated agent of the landowner or 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 with a valid permit shall be required to have a current agricultural exemption permit issued by the Oklahoma Tax Commission.

C. Notwithstanding the provisions of Section 5-203.1 of this title, a landowner, lessee, or designated agent of the landowner or lessee 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 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.

Citation: 29 Okl. St. Ann. § 4-135.

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 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 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 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 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 Department 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 Department shall not require the pilot to hold a specific type of pilot’s license. The Department shall also not require the permit holder or pilot to carry liability insurance.

Applications for a permit shall be submitted to the Department and shall contain all information as required by the Department. The Department may issue a permit if it finds that it will aid in the management of depredating animals. The Department may deny the permit if it finds that it will have a deleterious effect on indigenous species. The Department 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 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 Department.

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 Department of the date, time, and area on which management will occur. Notification may be made by telephone, fax, or electronic means, as determined by the Department.

G. The holder of a permit to manage depredating animals issued pursuant to this section shall file with the Department 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 Department showing:

1. The name, address, and permit 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

6. Any other information required by the Department...

K. Any person convicted of violating the provisions of Section 4-106 of Title 29 of the Oklahoma Statutes 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...

Citation: 29 Okl. St. Ann. § 4-107.2.