A. The Oklahoma Department of Agriculture, Food, and Forestry is authorized to issue a permit to a person who holds a big game commercial hunting area license issued pursuant to Section 4-106 of this title, to any landowner or to any person who has contracted with a landowner to manage depredating animals to engage in the management of depredating animals by use of aircraft only on land listed in the commercial hunting area license for a person who holds a big game commercial hunting area license or only on land owned by the landowner. The permit may be issued without limitation by statewide season regulations or bag limits. The permit shall be carried in the aircraft when performing management by the use of aircraft.
B. 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. Each permit holder and pilot shall comply with all Federal Aviation Regulations for the specific type of aircraft.
C. 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 permit shall include, but is not limited to, the following information:
1. The name and address of each authorized person;
2. A description of the animals and number of animals authorized 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 and any other person 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.
H. It shall be unlawful for a person issued a permit to manage depredating animals pursuant to 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 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 for the protection of land, water, wildlife, livestock, domesticated animals, human life, or crops.
I. During designated deer hunting seasons 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 violating 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.
2. In addition to the criminal penalties specified by this section, the Department may:
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 Department 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 Department 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 by the use of aircraft; and
3. "Aircraft" means non-fixed-wing aircraft.
Added by Laws 2009, c. 154, § 1, eff. Nov. 1, 2009. Amended by Laws 2013, c. 149, § 1, eff. Nov. 1, 2013.
Structure Oklahoma Statutes
§29-2-101. Definitions of words and phrases.
§29-2-104.1. Commercial purposes.
§29-2-106.1a. Computer-assisted remote control hunting.
§29-2-108.1. Domesticated animal.
§29-2-109.2. Exotic livestock.
§29-2-112. Gallinaceous game bird.
§29-2-121.1. Night or nighttime.
§29-2-127. Other powerful light.
§29-2-132.1. Processed paddlefish eggs.
§29-2-133. Protected wildlife.
§29-2-146. Vehicle mounted spotlight.
§29-2-147. Waters of this state.
§29-3-103. Functions, powers and duties of the Commission.
§29-3-103a. Special permits for designated species.
§29-3-103b. Setback and conservation easements.
§29-3-104. Director of Wildlife Conservation - Creation of office.
§29-3-105. Powers and duties of the Director - Succession of interest.
§29-3-202. Authorized agents - Penalty for false representation.
§29-3-203. Oaths of office - Bonds.
§29-3-205.2. Jurisdiction for commission of offense.
§29-3-205.3. Arrest without warrant.
§29-3-301. Dispositions of monies from fines and forfeitures - Reports and transmittals.
§29-3-302. Wildlife Conservation Fund.
§29-3-303. Acquisition of property - Payments in lieu of tax payments.
§29-3-304. Lease of lands - Advertisement.
§29-3-305. Investment of fees.
§29-3-307. Worker's compensation insurance.
§29-3-309. Retention of firearm by warden upon retirement.
§29-3-310. Wildlife Diversity Program - Wildlife Diversity Fund.
§29-3-311. Wildlife Diversity Program - Review of utilization of funds.
§29-3-312. Wildlife habitat development program - Contracts with private landowners - Liability.
§29-3-313. Law Enforcement Officer Training Account.
§29-3-315. Fish or game animal food charitable distribution program.
§29-4-103. Commercial fishing license.
§29-4-103A. Commercial turtle harvester license.
§29-4-103B. Commercial turtle buyer's license.
§29-4-104. Commercial fishing helper's license.
§29-4-104A. Commercial turtle harvesting helper's license.
§29-4-105. Commercial fisherman's permit to sell out of state.
§29-4-106. Commercial hunting area licenses - Big game or upland game.
§29-4-107.1. Circuses – Application of act.
§29-4-107.2. See the following versions:
§29-4-107.2v1. Permit - Management of depredating animals by use of aircraft - Violations.
§29-4-107.2v2. Permit - Management of depredating animals by use of aircraft - Violations.
§29-4-108. Falconer's license.
§29-4-108A. Falconry - Bonding rules and regulations.
§29-4-109. Shoot-to-kill field trial license.
§29-4-111. Fur dealer's license.
§29-4-112. See the following versions:
§29-4-112A. Hunting - Certificate of competency and safety – Exemptions – Apprentice designation.
§29-4-112v1. Hunting licenses.
§29-4-112v2. Hunting licenses.
§29-4-113. Hunting/fishing annual combination license.
§29-4-113.1. Five-year fishing, hunting and hunting/fishing combination licenses.
§29-4-113.2. Three-day special use permit – Veterans, nonprofit or charitable organizations.
§29-4-113A. Fishing guide license.
§29-4-114. Hunting, fishing, and hunting/fishing lifetime licenses.
§29-4-115. Minnow dealer's interstate license.
§29-4-116. Minnow dealer's intrastate license - Exceptions.
§29-4-117. Minnow dealer's vehicle license.
§29-4-118. Scientific purposes license.
§29-4-121. Noncommercial wildlife breeder's license.
§29-4-122. Noncommercial wildlife breeders license - Personal uses.
§29-4-128. Lake Texoma - Licenses and permits - Exemptions - Fees - Violations - Penalties.
§29-4-128.1. Condition necessary for act to become effective.
§29-4-129. Mussels - Harvesting - Licenses and permits - Fees - Violations - Penalties.
§29-4-130. Waterfowl hunting stamp - Fee - Duration - Violations - Exemptions.
§29-4-132. Wildlife habitat stamp - Wildlife Land Acquisition Fund.
§29-4-134. Wildlife Heritage Fund.
§29-4-135. Permits to control nuisance or damage by wildlife.
§29-4-135.2. Nuisance or damage control of coyotes or feral swine.
§29-4-136. Special use permits to use private land leased and administered by the Department.
§29-4-137. Controlled hunt choice fees.
§29-4-138. Wildlife Conservation Passports – Exemptions.
§29-4-139. Migratory bird permit - Sandhill Crane permit – Violation – Penalty.
§29-4-140. Wildlife Land Stamp – Exemptions - Fee.
§29-4-141. Oklahoma Wildlife Land Fund.
§29-4-143. Rattlesnake hunting permit.
§29-4-144. Black bear hunting license.
§29-4-203. Issuance of licenses through electronic point of sale system - Promulgation of rules.
§29-5-103. Liberation of propagated and other birds.
§29-5-201. Means of taking wildlife - Exceptions - Fines and punishments.
§29-5-202. Permission to hunt, take, fish or engage in recreational activity upon land of another.
§29-5-202.1. Revocation of hunting or fishing license.
§29-5-203. Carrying firearms while training dogs.
§29-5-203.2. Restrictions on laser sighting devices - Exceptions.
§29-5-205. Required clothing for hunting.
§29-5-206. Falconry provisions – Use – Transportation - Fine.
§29-5-207. Nest or eggs of game birds - Taking or destroying.
§29-5-208. Falconry field meets.
§29-5-301. Limitation on predator control devices - Procedures for use.
§29-5-401. Wildlife Conservation Commission - Seasons - Rules.
§29-5-402. Punishment for violations of this article.
§29-5-404. Cottontail or swamp rabbits.
§29-5-406.1. Double-crested Cormorant - Nuisance.
§29-5-410. Hawks, falcons, owls, eagles.
§29-5-411.1. Taxidermist sale of unclaimed specimen - Requirements.
§29-5-411.2. Taxidermy specimen of native wildlife - Estate sale.
§29-5-412. Endangered or threatened species or subspecies.
§29-5-412.1. Publication of listing of endangered or threatened species or subspecies.
§29-5-413. Mounted specimens of wildlife - Seizure of items, equipment, vehicles or other property.
§29-5-415. Release of unclaimed, processed, lawfully harvested venison.
§29-5-504. Fur dealers' register reports.
§29-5-602. Confinement of wildlife to premises.
§29-6-201. Operating provisions for commercial fishermen.
§29-6-202. Contract commercial fishing.
§29-6-203. Setting of seasons.
§29-6-204. Operating provisions for commercial turtle harvesters.
§29-6-302. The taking of game fish - Bag limits - Penalty.
§29-6-303. Taking of nongame fish.
§29-6-303.1. Paddlefish products.
§29-6-304. Permission to fish upon the land of another.
§29-6-305. Stocking of private ponds.
§29-6-306. Taking of nongame fish.
§29-6-401. Operating provisions for minnow dealers.
§29-6-502. Closing the waters of this state.
§29-6-503. City and town wildlife commissions - Powers.
§29-6-504. Release of fish in public waters.
§29-6-601. Controls on noxious aquatic plants.
§29-7-101. Dams constructed by the U.S.; safety zones.
§29-7-102. Pensacola Dam - Fishing limitations after closing dam.
§29-7-102.1. Harvesting of shad by licensed bait dealers.
§29-7-201. Punishment for violations not otherwise provided for.
§29-7-202. Attempted violation.
§29-7-203. Aiding and/or abetting.
§29-7-204. Ownership of wildlife.
§29-7-207. Unlawful offenses related to wildlife - Restitution.
§29-7-208. Payment of administrative fine in lieu of bond – Deposit and use of fines.
§29-7-302. State fish hatcheries - Disturbing waters, ponds, property.
§29-7-303. Private parks, preserves, clubs or resorts.
§29-7-304.1. Lyndol Fry Waterfowl Refuge.
§29-7-305. Cooperative wildlife restoration projects.
§29-7-401. Deleterious, noxious or toxic substances.
§29-7-402. Activities in other states injurious.
§29-7-403. Removal and disposition of dead fish.
§29-7-502. General prohibition on possession of wildlife - Exceptions.
§29-7-504. Importation, sale, possession of aigrettes, plumes, feathers, quills, wings, etc.
§29-7-601. Common carrier requirements.
§29-7-602. General prohibition against transporting wildlife - Exceptions.
§29-7-701. Lands contained in the wilderness area.
§29-7-702. Ingress and egress.
§29-7-703. Prohibition on motor-driven devices within the wilderness area.
§29-7-704. Prohibition of commercial operations.
§29-7-705. Prohibition on removal of wildlife and plants.
§29-7-706. Prohibition on permanent structures.
§29-7-801. Exotic wildlife - Penalties for releasing.
§29-8-101. Liberal interpretation.
§29-8-102. Effect of headings.
§29-8-104. Resolution penalty provision.
§29-9-111. Wildlife Bail Procedure Act.
§29-9-112. Oklahoma Wildlife Conservation Code – Violations - Bail.
§29-9-113. Wildlife citation – Failure to comply.
§29-10-101. Interstate Wildlife Violator Compact.
§29-10-102. Enforcement and administration of Interstate Wildlife Violator Compact.
§29-10-103. Forfeiture of hunting, trapping, or fishing licenses – Notice - Penalties.
§29-10-104. Suspension of hunting, trapping, or fishing privileges – Notice - Penalties.
§29-10-105. Procedures for suspension hearing.
§29-1001. Use of certain mechanical fishing devices prohibited - Penalties.