Okla. Stat. tit. 29, § 29-4-107.2v1

aircraft - Violations.

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.

Oklahoma Statutes - Title 29. Game and Fish Page 45

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.
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

Oklahoma Statutes - Title 29. Game and Fish Page 46

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:

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 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.