Okla. Stat. tit. 29, § 29-4-107.2v2

aircraft - Violations.

Oklahoma Statutes - Title 29. Game and Fish Page 47

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

Oklahoma Statutes - Title 29. Game and Fish Page 48

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
nd 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.

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 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 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.

Oklahoma Statutes - Title 29. Game and Fish Page 49

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:

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
e

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

Oklahoma Statutes - Title 29. Game and Fish Page 50

3. "Aircraft" means manned fixed-wing and non-fixed-wing

aircraft registered with the Federal Aviation Administration (FAA).