SECTION 35:15-34-7. Handling facilities

(a)   An owner or operator shall obtain a handling facility license prior to operation of any new handling facility.

(b)   The owner or operator of a handling facility licensed prior to October 1, 2017 shall maintain a perimeter fence at least forty-eight (48) inches tall made of solid walls, game fence, or other material constructed in a manner adequate to reasonably prevent the escape of enclosed feral swine, and the unsolicited additions of feral swine from outside the enclosure.

(c)   The owner or operator of a handling facility licensed on or after October 1, 2017 shall maintain a perimeter fence at least sixty (60) inches tall made of solid walls, game fence, or other material constructed in a manner adequate to reasonably prevent the escape of enclosed feral swine, and the unsolicited additions of feral swine from outside the enclosure.

(d)   The owner or operator of a handling facility or operator shall keep the following records using forms provided by the Department:

(1)   The name, 24-hour permit number, and license number of each consignor or consignee releasing feral swine into or transporting feral swine from the handling facility and the corresponding date and number of feral swine released or transported;

(2)   The number of feral swine that are killed at the facility and corresponding dates; and

(3)   The number of feral hogs that die of natural causes at the facility and corresponding dates.

(e)   The owner or operator of a handling facility shall submit a report describing all feral swine released into, killed, or dying by natural causes at the handling facility in a month by the 10^th day of the following month using forms provided by the Department.

(f)   Any person applying for a handling facility license shall provide the following information on a form prepared by the Department:

(1)   Name, mailing address, email address and telephone number of the owner;

(2)   Name, mailing address, email address, and telephone number of the operator, if different from the owner;

(3)   Name, physical address, and county of the handling facility;

(4)   Legal description to the nearest quarter section and GPS coordinates, if available, of the handling facility;

(5)   A map showing topography of the area with a diagram of the facility structures, fencing plan, and perimeter clearly marked;

(6)   Method of carcass disposal for the facility, including carcass storage sites, carcass burial areas, incineration approval, rendering company, composting plan, or landfill.

(7)   Whether the applicant has been convicted of a felony, misdemeanor, administrative, or civil violation of any natural resources requirements, including but not limited to wildlife, forestry, fisheries, environment, or animal health within the past three (3) years in Oklahoma or any other jurisdiction;

(8)   Whether the property where the handling facility is located is owned or leased;

(9)   Driving directions from the nearest town; and

(10)   Signature under oath "I certify under penalty of law this document, all attachments, and information submitted are to the best of my knowledge and belief, true, accurate, and complete. I am aware there are significant penalties for knowingly submitting false, inaccurate, or incomplete information, including the possibility of fines for each violation."

(g)   Handling facilities shall be licensed for one year terms beginning July 1 of each calendar year and ending on June 30 of the following calendar year. Applications for the renewal of a handling facility license shall be due on April 1 of each calendar year.

(h)   Feral swine shall not be commingled with any domestic livestock species in a handling facility. Common pens, water sources or food sources accessible by both domestic livestock species and feral swine shall not be permitted. This subsection is not intended to prohibit a licensee from constructing a feral swine facility along the licensee's property line.

(i)   Handling facilities licensed on or after October 1, 2017 shall not exceed one (1) acre in size.

[Source: Added at 25 Ok Reg 1788, eff 7-1-08; Amended at 30 Ok Reg 788, eff 7-1-13; Amended at 31 Ok Reg 717, eff 9-12-14; Amended at 33 Ok Reg 1160, eff 9-11-16; Amended at 34 Ok Reg 799, eff 9-11-17]