1 STATE OF OKLAHOMA
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2 2nd Session of the 59th Legislature (2024)
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3 HOUSE BILL 3997 By: Fetgatter
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6 AS INTRODUCED
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7 An Act relating to game and fish; amending 29 O.S.
7 2021, Section 5-301, as amended by Section 1, Chapter
8 298, O.S.L. 2022 (29 O.S. Supp. 2023, Section 5-301),
8 which relates to the use of cyanide for predator
9 control; removing the restriction on when cyanide may
9 be used as a predator control device; and providing
10 an effective date.
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13 BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
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14 SECTION 1. AMENDATORY 29 O.S. 2021, Section 5-301, as
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15 amended by Section 1, Chapter 298, O.S.L. 2022 (29 O.S. Supp. 2023,
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16 Section 5-301), is amended to read as follows:
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17 Section 5-301. A. No person may set or use at any time any
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18 poison, cyanide coyote getter, or other similar device, using
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19 cyanide gas or other poisonous gas as the lethal agent, for the
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20 purpose of killing predators, except in accordance with the
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21 following conditions and procedures:
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22 1. Signs of a size and character and with wording to be
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23 determined by the Oklahoma Department of Agriculture, Food, and
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24 Forestry indicating the presence of cyanide coyote getters or other
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 1 similar device using cyanide gas or other poisonous gas as the
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2 lethal agent, shall be posted on all properties where the coyote
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3 getters are set to the right and left of all entrances from public
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4 roads and highways and from adjacent lands.
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5 2. Such devices shall not be set from April 1 to September 30
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6 of each calendar year; provided, that any devices set or used within
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7 a commercial hunting area by a person holding a big game or big game
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8 and upland game combination license pursuant to Section 4-106 of
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9 this title or a licensed farmed cervidae facility by a person
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10 holding a farmed cervidae facility license pursuant to the Oklahoma
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11 Farmed Cervidae Act may be set or used at any time of the year.
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12 3. All signs as required by this article shall be in place
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13 twenty-four (24) hours before the devices are set and shall be
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14 properly maintained in place during the permission period herein
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15 provided.
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16 4. 3. A game warden may issue a permit for the setting of such
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17 devices and such permit must be obtained prior to the setting of
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18 such devices. Each permit shall be made in triplicate, the original
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19 to be retained by the landowner concerned, one copy retained by the
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20 game warden and the other copy mailed immediately to the Department
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21 for its permanent record.
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22 5. 4. In applying for a permit, the landowner shall state the
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23 number of devices to be set and the approximate location to the
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24 nearest forty (40) acres.
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 1 6. 5. Written permission permits required by this section shall
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2 cover a period not exceeding six (6) months; provided, however, that
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3 the permits shall be subject to renewal for a like period of time.
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4 7. All signs required by this section shall be removed at the
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5 end of the permission period, unless the permit is renewed prior to
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6 the expiration date thereof.
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7 8. 6. No predator control devices shall be on any property
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8 without the written permission of the record owner or lessee
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9 thereof.
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10 B. Predatory control conducted by the Oklahoma Department of
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11 Agriculture, Food, and Forestry or the Department of Wildlife
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12 Conservation shall be exempt from the provisions of paragraphs 4 3,
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13 and 5 4, and 6 of subsection A of this section.
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14 C. The Director of the Department of Wildlife Conservation may
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15 issue depredation permits to landowners for control of any nuisance
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16 wildlife.
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17 D. Any person convicted of violating the provisions of this
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18 section shall be punished by a fine not less than Fifty Dollars
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19 ($50.00), or by imprisonment in the county jail for not more than
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20 thirty (30) days, or by both such fine and imprisonment.
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21 SECTION 2. This act shall become effective November 1, 2024.
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23 59-2-9369 JL 01/09/24
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