SECTION 800:25-30-2. Procedures

  The following are the procedures for handling wildlife depredation complaints on agricultural crops including fruits, nuts or berries.

(1)   All complaints of damage to agricultural crops involving game species will be referred to Wildlife Division in the state headquarters office.

(2)   Immediately following receipt of a complaint, the appropriate field level employee will be contacted to investigate the damage. A copy of the completed complaint form will be sent to the regional supervisor.

(3)   All requests for assistance in controlling non-game and other wildlife species designated in the current Memorandum of Understanding between the Oklahoma Department of Wildlife Conservation and U.S. Department of Agriculture, Animal Damage Control Division (ADC) will continue to be referred to ADC.

(4)   In accordance with Federal regulations 50 CFR 21.43 Depredation order for blackbirds, cowbirds, grackles, crows and magpies, a Federal permit shall not be required to control yellow-headed, red-winged, and Brewer's blackbirds, all cowbirds, all grackles, American, fish, and northwestern crows, and all magpies, when found committing or about to commit depredations upon ornamental or shade trees, agricultural crops, livestock, or wildlife, or when concentrated in such numbers and manner as to constitute a health hazard or other nuisance. Provided:

(A)   That none of the birds killed pursuant to this section, nor their plumage, shall be sold or offered for sale, but may be possessed, transported, and otherwise disposed of or utilized.

(B)   That any person exercising any of the privileges granted by this section shall permit at all reasonable times, any Federal or State game or deputy game agent, warden, protector, or other game law enforcement officer free and unrestricted access over the premises on which such operations have been or are being conducted; and shall furnish promptly to such officer whatever information he may require, concerning said operations.

(C)   That nothing in this section shall be construed to authorize the killing of such birds contrary to any State laws or regulations; and that none of the privileges granted under this section shall be expected unless the person possesses whatever permit as may be required for such activities by the State concerned.

[Source: Added at 13 Ok Reg 183, eff 8-21-95 (emergency); Added at 13 Ok Reg 1393, eff 5-13-96; Amended at 17 Ok Reg 1789, eff 6-1-00; Amended at 36 Ok Reg 1077, eff 7-25-19]