reglab/statecodes huggingface dataset:
Oklahoma Administrative Code › Title 35 - Oklahoma Department of Agriculture, Food, and Forestry › Chapter 44 - Agriculture Pollutant Discharge Elimination System › Subchapter 3 - Permit Conditions and Requirements › Section 35:44-3-8 - Technical Standards

Current through Vol. 41, No. 20, July 1, 2024
(a) The contents of
				the manure management plan for a concentrated animal feeding operation shall be
				based on the nutrient management plan standards prepared in the Agricultural
				Waste Management Field Handbook, published by the United States Department of
				Agriculture Natural Resources Conservation Service (USDA NRCS).
(b) Manure or animal waste shall be applied
				in accordance with site specific nutrient management practices that ensure
				appropriate agricultural utilization of nutrients in manure or animal waste in
				compliance with the best management practices of the most current USDA
				NRCS-Oklahoma Waste Utilization Standard Code 633 and Conservation Practice
				Standard for Nutrient Management Code 590, and the Midwest Plan Service
				Publication 18, Livestock Waste Facilities Handbook.
(c) This section is promulgated to meet the
				requirements of
				40
				CFR 412.4(c)(2).
Added at 27 Ok Reg 2449,
				  eff 7-25-10
Oklahoma Administrative Code › Title 35 - Oklahoma Department of Agriculture, Food, and Forestry › Chapter 45 - Water Quality Standards Implementation Plan › Subchapter 1 - Water Quality Standards Implementation Plan › Section 35:45-1-3 - General statement of policy; responsibility for WQSIP document

Current through Vol. 41, No. 20, July 1, 2024
(a) As a general statement of agency policy,
				programs and activities within ODAFF will be managed to protect the beneficial
				uses of the state's waters and to maintain water quality standards. In
				addition, when problems are identified, the agency will assist landowners, the
				industry, and other agencies with technical recommendations on remediation
				efforts using appropriate practices.
(b) The Assistant Director with water quality
				program supervisory responsibilities and the Water Quality Staff Forester
				prepared the WQSIP for the Forestry Services Division. The Agricultural
				Environmental Management Services Division section was prepared by the
				Division's Professional Engineer. The Consumer Protection Services Division
				section was developed by the Water Quality Program Administrator. These
				individuals will be responsible for distributing copies of the final plan,
				informing field offices and updating the plan as necessary.
Added at 18 Ok Reg 3409,
				  eff 6-28-01 (emergency); Added at 19 Ok Reg 951, eff 5-13-02; Amended at 22 Ok
				  Reg 2332, eff 7-11-05; Amended at 25 Ok Reg 1820, eff
				  7-1-08
Oklahoma Administrative Code › Title 35 - Oklahoma Department of Agriculture, Food, and Forestry › Chapter 45 - Water Quality Standards Implementation Plan › Subchapter 1 - Water Quality Standards Implementation Plan › Section 35:45-1-4 - Pertinent water quality standards

Current through Vol. 41, No. 20, July 1, 2024
(a)
				Pursuant to Section 303 of the CWA, Oklahoma's surface water quality standards
				are promulgated by the OWRB at OAC 785:45, Subchapter 5. Surface water quality
				standards are comprised of three elements:
(1)
				Beneficial uses, designated to apply to specific water bodies or defined water
				body segments, as listed in Appendix A to OAC 785:45, generally address the
				goals of the CWA. Certain default beneficial uses are assumed for waters not
				listed in Appendix A until a UAA indicates otherwise. The subset of beneficial
				uses which address water quality are:
(A)
				Public and Private Water Supply (PPWS) (OAC
				785:45-5-10
				);
(B) Fish and Wildlife
				Propagation (F&W) (OAC
				785:45-5-12
				), according to one of four fishery subcategories:
(i) Habitat-Limited Aquatic Community
				(HLAC).
(ii) Warm Water Aquatic
				Community (WWAC).
(iii) Cool Water
				Aquatic Community (CWAC).
(iv)
				Trout Fishery (Put and Take) - Criteria used in the protection of F&W shall
				include DO, T0, pH, Oil and Grease, Bio Criteria,
				toxic substances, turbidity, and sediments.
(C) Agriculture (Ag) (OAC
				785:45-5-13
				);
(D) Primary Body Contact
				Recreation (PBCR) (OAC
				785:45-5-16
				);
(E) Secondary Body Contact
				Recreation (OAC
				785:45-5-17
				); and
(F) Aesthetics (OAC
				785:45-5-19
				).
(G) Fish Consumption (OAC
				785:45-5-20
				).
Oklahoma Administrative Code › Title 35 - Oklahoma Department of Agriculture, Food, and Forestry › Chapter 45 - Water Quality Standards Implementation Plan › Subchapter 1 - Water Quality Standards Implementation Plan › Section 35:45-1-5 - Specific jurisdictional areas of environmental responsibility

Current through Vol. 41, No. 20, July 1, 2024
(a) Title 27A of the Oklahoma Statutes
				outlines environmental responsibilities of the various environmental agencies.
				According to 27A O.S. §
									1-3-101(D),
				ODAFF has environmental responsibility for the following jurisdictional areas:
(1) point source discharges and nonpoint
				source runoff from agricultural crop production, agricultural services,
				livestock production, silviculture, feed yards, livestock markets, and animal
				waste;
(2) pesticide
				control;
(3) forestry and
				nurseries;
(4)
				fertilizer;
(5) facilities which
				store grain, feed, seed, fertilizer and agricultural chemicals;
(6) dairy waste and wastewater associated
				with milk production facilities;
(7) groundwater protection for activities
				subject to the jurisdictional areas of environmental responsibility;
(8) utilization and enforcement of Oklahoma
				Water Quality Standards and implementation documents;
(9) development and promulgation of a Water
				Quality Standards Implementation Plan pursuant to Section 1-1-202 of Title 27A
				in the Oklahoma Statutes for its jurisdictional areas of environmental
				responsibility ; and
(10) storm
				water discharges for activities subject to the jurisdictional areas of
				environmental responsibility.
Oklahoma Administrative Code › Title 35 - Oklahoma Department of Agriculture, Food, and Forestry › Chapter 45 - Water Quality Standards Implementation Plan › Subchapter 1 - Water Quality Standards Implementation Plan › Section 35:45-1-6 - Section II - Introduction to WQSIP elements by jurisdictional area

Current through Vol. 41, No. 20, July 1, 2024
The Oklahoma Department of Agriculture through statutory
				  authority and the adoption and enforcement of rules maintains water quality in
				  areas of jurisdiction where beneficial uses are supported. This is accomplished
				  by removing the threat to water quality where beneficial uses would be in
				  danger of not being supported. In cases where beneficial uses are not being
				  met, remedial action will be implemented to restore the beneficial use of the
				  water. The required WQSIP elements are presented by jurisdictional area. The
				  Oklahoma Department of Agriculture WQSIP will evolve to adapt to future changes
				  in the Oklahoma Water Quality Standards and implementation criteria of the
				  standards.
Added at 18 Ok Reg 3409,
				  eff 6-28-01 (emergency); Added at 19 Ok Reg 951, eff
				  5-13-02
Oklahoma Administrative Code › Title 35 - Oklahoma Department of Agriculture, Food, and Forestry › Chapter 45 - Water Quality Standards Implementation Plan › Subchapter 1 - Water Quality Standards Implementation Plan › Section 35:45-1-8 - Pesticide program

Current through Vol. 41, No. 20, July 1, 2024
(a) ODAFF regulates
				spills and misuse of pesticides associated with facilities and activities of
				licensed pesticide applicators, homeowners and farm applications. This includes
				improper storage and disposal of pesticides and pesticide containers.
(b) Compliance with antidegradation
				requirements and protection of beneficial uses.
(1) All pesticide programs and regulatory
				activities require no degradation of surface or groundwater by pesticide use.
				Pesticide labels contain warnings that the pesticide could contaminate surface
				and groundwater if misused or improperly disposed. ODAFF regulates spills and
				misuse of pesticides associated with facilities and activities of licensed
				pesticide applicators, homeowners and farm applications. This includes improper
				storage and disposal of pesticides and pesticide containers.
(2) Beneficial uses that could be impaired by
				improper handling and application of pesticides include Fish and Wildlife
				Propagation, Private and Public Water Supply, Recreation, and Agriculture. The
				potential for pesticides to enter ground water and surface water exist and is
				supported by the fact that several water bodies are classified as impaired by
				pesticides on the current 303(d) list. Pesticide residue in fish could render
				them unfit for human consumption. Antidegradation is automatically implemented
				because the presence of pesticide in any water is a violation of the standards
				no matter how the water body is classified.
(3) Recent spills and newly located polluted
				sites are remediated by the responsible party, or by the use of EPA superfund
				monies to the extent necessary to meet ODAFF goals. Pesticide remediation
				brings any impaired surface or groundwater back to the quality prior to the
				pesticide spill, including restoration of all beneficial uses pursuant to the
				WQS. Procedures for groundwater protection are covered in the ODAFF Generic
				Pesticide Management Plan in Groundwater.
(4) The certification of persons to become
				pesticide applicators involves training and testing of the individual in the
				safe use and handling of pesticides. Training includes information on how to
				read a pesticide label, pesticide storage, pesticide container disposal and
				proper procedures to follow in the event of a pesticide spill. The protection
				of surface water and groundwater is an integral part of the certification
				process.
Oklahoma Administrative Code › Title 35 - Oklahoma Department of Agriculture, Food, and Forestry › Chapter 45 - Water Quality Standards Implementation Plan › Subchapter 1 - Water Quality Standards Implementation Plan › Section 35:45-1-10 - Fertilizer program

Current through Vol. 41, No. 20, July 1, 2024
(a) This program
				covers the storage of dry, liquid, and anhydrous ammonia fertilizer, and the
				investigation of fertilizer spills and misapplication of fertilizers.
(b) Compliance with antidegradation
				requirements and protection of beneficial uses.
(1) Beneficial uses that could be impaired by
				improper handling and application of fertilizers include Fish and Wildlife
				Propagation, Private and Public Water Supply, Recreation, Aesthetics, and
				Agriculture. The potential for fertilizers to enter ground water and surface
				water exist and is supported by the fact that several water bodies are
				classified as impaired by fertilizers on the current 303(d) list.
(2) ODAFF licenses all commercial fertilizer
				facilities and registers all fertilizer products. This permit requires the
				approval of the fertilizer storage facility prior to being licensed. When
				spills or other environmental problems are found resulting from current or
				historic practices, the goal of ODAFF is to prevent impairment of the surface
				water and groundwaters of the state. This includes preventing significant risk
				to humans, livestock, or ecological receptors from inhalation of fumes, direct
				contact, or ingestion.
(3) Recent
				spills and newly located polluted sites are remediated by the responsible
				party.
Oklahoma Administrative Code › Title 35 - Oklahoma Department of Agriculture, Food, and Forestry › Chapter 45 - Water Quality Standards Implementation Plan › Subchapter 1 - Water Quality Standards Implementation Plan › Section 35:45-1-11 - Section III - Interagency participation

Current through Vol. 41, No. 20, July 1, 2024
(a) General.
(1) Initial promulgation of Plan - The
				initial promulgation of the Plan has received public and interagency review and
				comment. A response to all comments received as a result of the public
				participation process has been appended to the July 2005 Water Quality
				Standards Implementation Plan. The summary of these comments and responses is
				available from ODAFF.
(2) Revisions
				to Plan - As with initial promulgation, triennial reviews of and revisions to
				the Plan, as well as any intermediate revisions thereto, shall undergo public
				and interagency review, and the response to all comments received shall be
				appended to the Plan.
(3) All
				references to other sections of these rules are to the original plan document,
				which is available from ODAFF.
Oklahoma Administrative Code › Title 35 - Oklahoma Department of Agriculture, Food, and Forestry › Chapter 45 - Water Quality Standards Implementation Plan › Subchapter 1 - Water Quality Standards Implementation Plan › Section 35:48-1-1 - Purpose

Current through Vol. 41, No. 20, July 1, 2024
(a) This Chapter relates to the Wildlife
				Services Division of the Oklahoma Department of Agriculture, Food, and
				Forestry.
(b) The Wildlife Services
				Division protects the public health, safety, economy, and environment in
				Oklahoma by managing wildlife that would otherwise damage human or livestock
				health and safety, public and private property, agriculture, forestry, and
				other natural resources.
(c) The
				Wildlife Services Division provides assistance to Oklahoma citizens by managing
				potentially harmful wildlife in both urban and rural locations statewide,
				including but not limited to, predatory animals, rodents, birds, and invasive
				species.
(d) The Wildlife Services
				Division may cooperate with other federal, state, or local agencies and
				programs to obtain funding necessary to provide wildlife management services in
				Oklahoma. If funding from other federal, state, or local agencies and programs
				becomes unavailable, the Wildlife Services Division may continue to provide
				wildlife management services in Oklahoma to the extent that funding from the
				Oklahoma Department of Agriculture or other sources are available.
Oklahoma Administrative Code › Title 35 - Oklahoma Department of Agriculture, Food, and Forestry › Chapter 48 - Wildlife Services › Subchapter 3 - Aerial Management of Depredating Animals › Section 35:48-3-1 - Definitions [REVOKED]

Current through Vol. 41, No. 20, July 1, 2024
Added at 27 Ok Reg 1359,
				  eff 2-26-10 through 7-14-10 (emergency)1; Added at
				  27 Ok Reg 2627, eff 8-12-10
1This emergency action expired
				  before being superseded by a permanent action. Upon expiration of an emergency
				  action enacting a new section, the section is no longer effective. Therefore,
				  on 7-15-10 (after the 7-14-10 expiration of this emergency action), the text of
				  Section 35:48-3-1 was no longer effective, and remained as such until added by
				  permanent action on 8-12-10.
Oklahoma Administrative Code › Title 35 - Oklahoma Department of Agriculture, Food, and Forestry › Chapter 48 - Wildlife Services › Subchapter 3 - Aerial Management of Depredating Animals › Section 35:48-3-2 - Permit required [REVOKED]

Current through Vol. 41, No. 20, July 1, 2024
Added at 27 Ok Reg 1359,
				  eff 2-26-10 through 7-14-10 (emergency)1; Added at
				  27 Ok Reg 2627, eff 8-12-10
1This emergency action expired
				  before being superseded by a permanent action. Upon expiration of an emergency
				  action enacting a new section, the section is no longer effective. Therefore,
				  on 7-15-10 (after the 7-14-10 expiration of this emergency action), the text of
				  Section 35:48-3-2 was no longer effective, and remained as such until added by
				  permanent action on 8-12-10.
Oklahoma Administrative Code › Title 35 - Oklahoma Department of Agriculture, Food, and Forestry › Chapter 48 - Wildlife Services › Subchapter 3 - Aerial Management of Depredating Animals › Section 35:48-3-3 - Application requirements [REVOKED]

Current through Vol. 41, No. 20, July 1, 2024
Added at 27 Ok Reg 1359,
				  eff 2-26-10 through 7-14-10 (emergency)1; Added at
				  27 Ok Reg 2627, eff 8-12-10
1This emergency action expired
				  before being superseded by a permanent action. Upon expiration of an emergency
				  action enacting a new section, the section is no longer effective. Therefore,
				  on 7-15-10 (after the 7-14-10 expiration of this emergency action), the text of
				  Section 35:48-3-3 was no longer effective, and remained as such until added by
				  permanent action on 8-12-10.
Oklahoma Administrative Code › Title 35 - Oklahoma Department of Agriculture, Food, and Forestry › Chapter 48 - Wildlife Services › Subchapter 3 - Aerial Management of Depredating Animals › Section 35:48-3-4 - Reporting requirements [REVOKED]

Current through Vol. 41, No. 20, July 1, 2024
Added at 27 Ok Reg 1359,
				  eff 2-26-10 through 7-14-10 (emergency)1; Added at
				  27 Ok Reg 2627, eff 8-12-10
1This emergency action expired
				  before being superseded by a permanent action. Upon expiration of an emergency
				  action enacting a new section, the section is no longer effective. Therefore,
				  on 7-15-10 (after the 7-14-10 expiration of this emergency action), the text of
				  Section 35:48-3-4 was no longer effective, and remained as such until added by
				  permanent action on 8-12-10.
Oklahoma Administrative Code › Title 35 - Oklahoma Department of Agriculture, Food, and Forestry › Chapter 48 - Wildlife Services › Subchapter 3 - Aerial Management of Depredating Animals › Section 35:48-3-5 - Indigenous species [REVOKED]

Current through Vol. 41, No. 20, July 1, 2024
Added at 27 Ok Reg 1359,
				  eff 2-26-10 through 7-14-10 (emergency)1; Added at
				  27 Ok Reg 2627, eff 8-12-10
1This emergency action expired
				  before being superseded by a permanent action. Upon expiration of an emergency
				  action enacting a new section, the section is no longer effective. Therefore,
				  on 7-15-10 (after the 7-14-10 expiration of this emergency action), the text of
				  Section 35:48-3-5 was no longer effective, and remained as such until added by
				  permanent action on 8-12-10.
Oklahoma Administrative Code › Title 35 - Oklahoma Department of Agriculture, Food, and Forestry › Chapter 48 - Wildlife Services › Subchapter 3 - Aerial Management of Depredating Animals › Section 35:48-3-6 - Purpose

Current through Vol. 41, No. 20, July 1, 2024
These rules establish regulation and permitting requirements
				  for aerial hunting for the management of depredating animals in Oklahoma
				  pursuant to 29 O.S. §
									4-107.2.
				  The Oklahoma Department of Agriculture, Food, and Forestry shall administer the
				  provisions of 29 O.S. §
									4-107.2
				  in accordance with the Oklahoma Agricultural Code, 2 O.S. §§
									1-1 et seq., the
				  Oklahoma Administrative Procedures Act, 75 O.S. §§
									250 et
				  seq., and the procedural rules promulgated by the State Board of Agriculture
				  found in Title 35 of the Oklahoma Administrative Code.
Oklahoma Administrative Code › Title 35 - Oklahoma Department of Agriculture, Food, and Forestry › Chapter 48 - Wildlife Services › Subchapter 3 - Aerial Management of Depredating Animals › Section 35:48-3-7 - Definitions

Current through Vol. 41, No. 20, July 1, 2024
The following words or terms, when used in this subchapter,
				  shall have the following meaning, unless the context clearly indicates
				  otherwise:
"Aircraft"
means non-experimental manned fixed
				  wing and non-fixed wing aircraft registered with the Federal Aviation
				  Administration (FAA), suitable for safe aerial management operations, with dual
				  controls removed.
"Department"
means the Oklahoma Department of
				  Agriculture, Food, and Forestry.
"Depredating animal"
means feral hogs, coyotes,
				  and crossbreeds between coyotes and dogs.
"Management by use of aircraft"
or "aerial
				  management"
means to manage depredating animals by counting,
				  photographing, relocating, capturing, or hunting by the use of
				  aircraft.
Oklahoma Administrative Code › Title 35 - Oklahoma Department of Agriculture, Food, and Forestry › Chapter 48 - Wildlife Services › Subchapter 3 - Aerial Management of Depredating Animals › Section 35:48-3-8 - Permit required

Current through Vol. 41, No. 20, July 1, 2024
(a) No person shall
				engage in aerial management with the aid of an aircraft unless an aerial
				management permit has been obtained the Department.
(b) The aerial management permit shall be
				carried in the aircraft when performing management by the use of
				aircraft.
Oklahoma Administrative Code › Title 35 - Oklahoma Department of Agriculture, Food, and Forestry › Chapter 48 - Wildlife Services › Subchapter 3 - Aerial Management of Depredating Animals › Section 35:48-3-9 - Application requirements

Current through Vol. 41, No. 20, July 1, 2024
(a)
				Applications for an aerial management permit shall be submitted to the
				Department using the form prescribed by the Department.
(b) A person seeking an aerial management
				permit shall submit an application containing the following information:
(1) The name of the person seeking an aerial
				management permit;
(2) The address,
				telephone number, and other relevant contact information for the person seeking
				an aerial management permit;
(3) If
				the person seeking the aerial permit is a corporation or other legal entity,
				the telephone number and relevant contact information for the corporation or
				entity's representative and the address of the entity's registered service
				agent;
(4) A statement declaring
				whether the person seeking an aerial management permit is operating or intends
				to operate a commercial or pay-for-service experience.
(5) The address, telephone number, other
				relevant contact information, and appropriate documentation of any commercial
				pilot's license required by the Federal Aviation Administration for the pilot
				of the aircraft used for management by the use of aircraft if the person
				seeking an aerial management permit is operating or intends to operate a
				commercial or pay-for-service experience;
(6) A description of the area from which
				animals will be taken and the address, telephone number, and other relevant
				contact information for the landowner or lessee for the area from which animals
				will be taken;
(7) Proof of the
				landowner's or lessee's permission to conduct aerial management on the area
				from which the animals will be taken;
(8) A description of the animals to be
				taken;
(9) A description of the
				aircraft that will be used for management by the use of aircraft;
Oklahoma Administrative Code › Title 35 - Oklahoma Department of Agriculture, Food, and Forestry › Chapter 48 - Wildlife Services › Subchapter 3 - Aerial Management of Depredating Animals › Section 35:48-3-10 - Permit issuance

Current through Vol. 41, No. 20, July 1, 2024
(a) The Department
				may issue an aerial management permit if it finds that it will aid in the
				management of depredating animals.
(b) The Department may deny an aerial
				management permit if it finds that it will have a deleterious effect on
				indigenous species.
(c) The
				Department may authorize the permit holder to advertise and collect payment
				from other individuals when the activity will aid in the management of
				depredating animals.
(d) The
				Department may issue an aerial management permit to any person to engage in the
				management by use of aircraft without limitation by statewide season
				regulations or bag limits.
(e) The
				Department may place reasonable restrictions on the permit holder necessary for
				safety and for the effect on indigenous species.
(f) The aerial management permit shall
				include, but is not limited to, the following information:
(1) The name and address of the pilot
				authorized to operate the aircraft under the permit;
(2) A description of the animals to be
				taken;
(3) A description of the
				area from which the animals are authorized to be taken;
(4) The issue and expiration date of the
				aerial management permit; and
(5)
				Any limitations placed on the permit holder by the Department.
Oklahoma Administrative Code › Title 35 - Oklahoma Department of Agriculture, Food, and Forestry › Chapter 48 - Wildlife Services › Subchapter 3 - Aerial Management of Depredating Animals › Section 35:48-3-11 - Fees and charges

Current through Vol. 41, No. 20, July 1, 2024
The Department shall charge the following nonrefundable
				  aerial management permit fees:
(1) Fee
				for an initial application: $200.00 and
(2) Fee for a renewal application:
				$200.00.
Oklahoma Administrative Code › Title 35 - Oklahoma Department of Agriculture, Food, and Forestry › Chapter 48 - Wildlife Services › Subchapter 3 - Aerial Management of Depredating Animals › Section 35:48-3-12 - Twenty-four hour notice

Current through Vol. 41, No. 20, July 1, 2024
(a) A permit
				holder shall notify the Department of the date, time, and area on which the
				management by use of aircraft will occur not less than twenty-four (24) hours
				prior to the activity. Area can be reported in a format to include legal
				description, global positioning system (GPS) coordinates, or GPS boundary files
				(shape files).
(b) Twenty-four (24)
				hour notification shall be made by electronic means.
(c) Twenty-four (24) hour notification shall
				include a confirmation by the permit holder that all the information contained
				in the aerial management permit application is current and correct or shall
				provide new information and documentation if necessary.
(d) Twenty-four hour notification shall
				include the name and address of the pilot authorized to operate the aircraft
				under the permit .
(e) A single
				twenty-four (24) hour notification may describe up to seven (7) days upon which
				aerial management may occur.
Oklahoma Administrative Code › Title 35 - Oklahoma Department of Agriculture, Food, and Forestry › Chapter 48 - Wildlife Services › Subchapter 3 - Aerial Management of Depredating Animals › Section 35:48-3-13 - Quarterly reports

Current through Vol. 41, No. 20, July 1, 2024
A permit holder shall file a quarterly report with the
				  Department within thirty (30) days of each calendar quarter or on the
				  termination of the permit, whichever occurs first, that includes the following
				  information:
(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.
Oklahoma Administrative Code › Title 35 - Oklahoma Department of Agriculture, Food, and Forestry › Chapter 48 - Wildlife Services › Subchapter 3 - Aerial Management of Depredating Animals › Section 35:48-3-14 - Prohibited activities

Current through Vol. 41, No. 20, July 1, 2024
(a) A permit holder
				or pilot shall not:
(1) Hunt, shoot, shoot
				at, kill, or attempt to kill any wildlife, domesticated animal, or livestock
				from an air- craft other than the animals authorized by the aerial management
				permit;
(2) Intentionally disturb,
				haze, or buzz any wildlife, domesticated animal, or livestock from an aircraft
				other than the animals authorized by the aerial management permit;
(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;
(4) Manage depredating animals
				from an unsuitable aircraft;
(5)
				Manage depredating animals from an unmanned aerial vehicle;
(6) Manage depredating animals with a firearm
				using pellet ammunition or soft point or hollow ammunition;
(7) Manage depredating animals using
				incendiary ammunition or any similar hunting method that poses a substantial
				wildfire risk;
(8) Manage
				depredating animals during hazardous weather, low visibility or nighttime
				hours;
(9) Manage depredating
				animals during designated deer hunting seasons as designated by Department of
				Agriculture, Food, and Forestry and Department of Wildlife Conservation; or
(10) Herd animals from one
				property to another without the permission of all landowners or lessees
				affected.
Oklahoma Administrative Code › Title 35 - Oklahoma Department of Agriculture, Food, and Forestry › Chapter 48 - Wildlife Services › Subchapter 3 - Aerial Management of Depredating Animals › Section 35:48-3-15 - Complaints

Current through Vol. 41, No. 20, July 1, 2024
(a) On receipt of a valid written complaint
				alleging a violation of the statutes or rules relating to the management of
				depredating animals by use of aircraft, an authorized agent of the Department,
				a local law enforcement authority, or an inspector designated by the Department
				may investigate the alleged violation.
(b) Any person may submit a written and
				signed complaint to the Department alleging a violation of the statutes or
				rules relating to the management of depredating animals by use of
				aircraft.
(c) The resolution of a
				complaint is the completion of the appropriate administrative, jurisdictional,
				and legal remedies appropriate to the circumstances.
Oklahoma Administrative Code › Title 35 - Oklahoma Department of Agriculture, Food, and Forestry › Chapter 48 - Wildlife Services › Subchapter 3 - Aerial Management of Depredating Animals › Section 35:48-3-16 - Inspections

Current through Vol. 41, No. 20, July 1, 2024
The Department may inspect any daily flight logs and other
				  relevant books and records of the permit holder or pilot engaged in management
				  by use of aircraft.
Oklahoma Administrative Code › Title 35 - Oklahoma Department of Agriculture, Food, and Forestry › Chapter 48 - Wildlife Services › Subchapter 3 - Aerial Management of Depredating Animals › Section 35:48-3-17 - Grounds for denial, suspension, or revocation of a license

Current through Vol. 41, No. 20, July 1, 2024
The Department may deny, suspend, cancel, revoke, or refuse
				  reissuance of a license of any applicant or permit who:
(1) Violates statutes or rules relating to
				the management of depredating animals by use of aircraft;
(2) Engages in fraud or deceit in obtaining
				or renewing a permit;
(3) Engages
				in management by use of aircraft in this state without a valid
				permit;
(4) Aids or abets another
				person in engaging in management by use of aircraft without a valid
				permit.
Oklahoma Administrative Code › Title 35 - Oklahoma Department of Agriculture, Food, and Forestry › Chapter 48 - Wildlife Services › Subchapter 3 - Aerial Management of Depredating Animals › Section 35:48-3-18 - Sanctions for misconduct

Current through Vol. 41, No. 20, July 1, 2024
If the Department determines that a permit holder has
				  violated the statutes relating to the management of depredating animals by use
				  of aircraft, Department rules, or other applicable legal authorities, the
				  Department may:
(1) Refer the matter
				to the appropriate law enforcement authority for criminal prosecution;
				and/or
(2) Deny, suspend, cancel,
				revoke, or refuse reissuance of a permit after an administrative hearing
				conducted in a manner consistent with OAC
				35:1-9-1
				et seq.;
(3) Assess an
				administrative penalty of not more than Ten Thousand Dollars ($10,000) per day
				of noncompliance; and
(4) Bring an
				action for injunctive relief in District Court.
Oklahoma Administrative Code › Title 35 - Oklahoma Department of Agriculture, Food, and Forestry › Chapter 48 - Wildlife Services › Subchapter 3 - Aerial Management of Depredating Animals › Section 35:48-3-19 - Pilot and aircraft requirements

Current through Vol. 41, No. 20, July 1, 2024
Pilots and aircraft shall comply with all appropriate federal
				  laws and regulations when engaging in the management of depredating animals by
				  use of aircraft.
Oklahoma Administrative Code › Title 35 - Oklahoma Department of Agriculture, Food, and Forestry › Chapter 50 - Aquaculture › Subchapter 1 - Private Commercial Production › Part 1 - GENERAL PROVISIONS › Section 35:50-1-1 - Purpose

Current through Vol. 41, No. 20, July 1, 2024
These rules shall regulate the private commercial
					 production of fish, frogs, or other aquatic species within the state of
					 Oklahoma. The rules provide requirements for licensing aquaculture facilities
					 to operate within the state of Oklahoma. These rules specifically prohibit the
					 importation or exportation of minnows and other fish species that are subject
					 to the provisions of Sections
					 4-105,
					 4-115,
					 and
					 7-602
					 of Title 29 of the Oklahoma Statutes.
Added at 20 Ok Reg
					 153, eff 11-1-02 (emergency); Added at 20 Ok Reg 1540, eff
					 6-12-03
Oklahoma Administrative Code › Title 35 - Oklahoma Department of Agriculture, Food, and Forestry › Chapter 50 - Aquaculture › Subchapter 1 - Private Commercial Production › Part 1 - GENERAL PROVISIONS › Section 35:50-1-2 - Definitions

Current through Vol. 41, No. 20, July 1, 2024
The following words and terms, when used in this Chapter,
					 shall have the following meaning, unless context clearly indicates
					 otherwise.
"Aquaculture operation"
means a private
					 commercial producer an aquatic species for intrastate or interstate commerce .
"Aquatic species"
means any species of
					 finfish, mollusk, crustacean, or other aquatic invertebrates, amphibians, or
					 reptiles. Aquatic species do not include species that are sold for retail
					 aquarium use.
"BMP"
means Best Management Practices.
"Fingerling"
means a sexually immature fish
					 for a majority of fish species.
"Operator"
means the individual who has
					 responsibility for the day to day operations of the facility. The operator may
					 also be the owner.
"Owner"
means the individual who has financial
					 responsibility for the aquaculture operation and whose name appears as owner on
					 all legal documents.
Added at 20 Ok Reg
					 153, eff 11-1-02 (emergency); Added at 20 Ok Reg 1540, eff
					 6-12-03
Oklahoma Administrative Code › Title 35 - Oklahoma Department of Agriculture, Food, and Forestry › Chapter 50 - Aquaculture › Subchapter 1 - Private Commercial Production › Part 3 - LICENSING, REPORTING, AND RECORDS › Section 35:50-1-30 - Initial licensing requirements

Current through Vol. 41, No. 20, July 1, 2024
Every aquaculture operation shall obtain a license and
					 aquaculture hauling unit decals from the Department.
(1) A duplicate license may be issued at the
				  cost of ten dollars ($10.00) each.
(2) Licenses are non-transferable.
(3) A license may be revoked pursuant to
				  Title 2, Section
				  6-316 F1-4.
(4) No license shall be issued prior to an
				  initial inspection by the Department.
(5) Each hauling unit used for the
				  transportation of live aquatic species shall be affixed with each of the
				  following:
(A) No less than two (2) hauler
				  decals.
(i) Each decal shall be replaced
				  every eight (8) years and shall be available from the Department.
(ii) Each decal shall cost eight dollars
				  ($8.00).
Oklahoma Administrative Code › Title 35 - Oklahoma Department of Agriculture, Food, and Forestry › Chapter 50 - Aquaculture › Subchapter 1 - Private Commercial Production › Part 3 - LICENSING, REPORTING, AND RECORDS › Section 35:50-1-31 - Renewal licensing requirements

Current through Vol. 41, No. 20, July 1, 2024
Each aquaculture operation shall renew the license and
					 aquaculture vehicle decals by January 15 
					 th of each year.
(1) The renewal application shall include the
				  following:
(A) A renewal fee of ten dollars
				  ($10.00). Any renewal fee received after the annual renewal deadline of January
				  15 
				  th shall be assessed a late fee of ten
				  dollars ($10.00).
(B) A copy of any
				  modifications, changes, updates, or renewals to the items listed in (6)(B)
				  through (F) of Rule
				  35:50-1-30.
(C) An annual report.
Oklahoma Administrative Code › Title 35 - Oklahoma Department of Agriculture, Food, and Forestry › Chapter 50 - Aquaculture › Subchapter 1 - Private Commercial Production › Part 3 - LICENSING, REPORTING, AND RECORDS › Section 35:50-1-32 - Inspections

Current through Vol. 41, No. 20, July 1, 2024
The Department shall conduct at least one inspection every
					 two (2) years of each licensed aquaculture operation.
Added at 20 Ok Reg
					 153, eff 11-1-02 (emergency); Added at 20 Ok Reg 1540, eff
					 6-12-03
Oklahoma Administrative Code › Title 35 - Oklahoma Department of Agriculture, Food, and Forestry › Chapter 50 - Aquaculture › Subchapter 1 - Private Commercial Production › Part 3 - LICENSING, REPORTING, AND RECORDS › Section 35:50-1-33 - Annual report

Current through Vol. 41, No. 20, July 1, 2024
Each licensed aquaculture operation shall file an annual
					 report by January 15th of each year.
(1) The aquaculture operation license shall
				  not be issued or renewed without submission of the annual report.
(2) The annual report shall provide the
				  following information for the 12 month period starting January
				  1st through December 31st
				  of the same calendar year:
(A) A list of each
				  type of aquatic species propagated and bought for resale.
(B) The total number or pounds of each
				  aquatic species sold, further identified as fingerlings or adults.
(C) The total number of pond acres in
				  production.
(D) The method of
				  aquatic species propagation; i.e. ponds, cages, raceway, or other
				  methods.
(E) A list of each water
				  supply source including but not limited to runoff, well water, stream water, or
				  other sources.
Oklahoma Administrative Code › Title 35 - Oklahoma Department of Agriculture, Food, and Forestry › Chapter 50 - Aquaculture › Subchapter 1 - Private Commercial Production › Part 3 - LICENSING, REPORTING, AND RECORDS › Section 35:50-1-34 - Facility expansion requirements

Current through Vol. 41, No. 20, July 1, 2024
(a) The
				  licensee shall notify the Department on a form provided by the Department of
				  any expansion of an aquaculture operation.
(b) Every licensed aquaculture facility
				  expanding after November 1, 2002, shall provide the following:
(1) A copy of the construction permit issued
				  by the Army Corps of Engineers, if applicable.
(2) A copy of any modifications, changes,
				  updates, or renewals of any permit issued by the Oklahoma Department of
				  Environmental Quality, the operation's BMP, or the catastrophic aquatic species
				  die-off disposal plan.
Oklahoma Administrative Code › Title 35 - Oklahoma Department of Agriculture, Food, and Forestry › Chapter 50 - Aquaculture › Subchapter 1 - Private Commercial Production › Part 3 - LICENSING, REPORTING, AND RECORDS › Section 35:50-1-35 - Record keeping

Current through Vol. 41, No. 20, July 1, 2024
The following records shall be retained on site for three
					 (3) years:
(1) Copies of each annual
				  report.
(2) Copies of all
				  construction permits issued by the Army Corps of Engineers, if
				  applicable.
(3) All Aquaculture
				  Operation Licenses issued by the Department.
(4) Copies of all permits and BMP's required
				  by the Oklahoma Department of Environmental Quality, if applicable.
(5) Copies of inspection reports.
(6) Any laboratory analysis sheets pertaining
				  to the health of the aquatic species.
(7) Any and all documents relating to
				  diseased aquatic species and disposal of carcasses.
Added at 20 Ok Reg
					 153, eff 11-1-02 (emergency); Added at 20 Ok Reg 1540, eff
					 6-12-03
Oklahoma Administrative Code › Title 35 - Oklahoma Department of Agriculture, Food, and Forestry › Chapter 50 - Aquaculture › Subchapter 1 - Private Commercial Production › Part 3 - LICENSING, REPORTING, AND RECORDS › Section 35:50-1-36 - Emergency notifications

Current through Vol. 41, No. 20, July 1, 2024
Licensed aquaculture operations shall immediately notify
					 the Department of any abnormal disease outbreak, any catastrophic aquatic
					 species die-off, or any unusual aquatic species mortalities.
Added at 20 Ok Reg
					 153, eff 11-1-02 (emergency); Added at 20 Ok Reg 1540, eff
					 6-12-03
Oklahoma Administrative Code › Title 35 - Oklahoma Department of Agriculture, Food, and Forestry › Chapter 50 - Aquaculture › Subchapter 1 - Private Commercial Production › Part 3 - LICENSING, REPORTING, AND RECORDS › Section 35:50-1-37 - Technical services [REVOKED]

Current through Vol. 41, No. 20, July 1, 2024
Added at 20 Ok Reg
					 153, eff 11-1-02 (emergency); Added at 20 Ok Reg 1540, eff
					 6-12-03
Oklahoma Administrative Code › Title 35 - Oklahoma Department of Agriculture, Food, and Forestry › Chapter 50 - Aquaculture › Subchapter 1 - Private Commercial Production › Part 3 - LICENSING, REPORTING, AND RECORDS › Section 35:50-1-38 - Complaints

Current through Vol. 41, No. 20, July 1, 2024
The Department shall investigate all complaints made
					 against an aquaculture operation to determine compliance with the statutes and
					 rules of the state of Oklahoma. Any violations of state law may result in
					 fines, revocation of the Aquaculture Operations License, or criminal
					 prosecution.
Added at 20 Ok Reg
					 153, eff 11-1-02 (emergency); Added at 20 Ok Reg 1540, eff
					 6-12-03
Oklahoma Administrative Code › Title 35 - Oklahoma Department of Agriculture, Food, and Forestry › Chapter 55 - Commercial Pet Breeders and Animal Shelters › Subchapter 1 - Licensing › Section 35:55-1-1 - Purpose

Current through Vol. 41, No. 20, July 1, 2024
These rules regulate commercial pet breeders and animal
				  shelterspursuant to Section
				  30.1 et seq. of Title
				  4 of the Oklahoma Statutes known as the Commercial Pet Breeders and Animal
				  Shelter LicensingAct . The administration of the Commercial Pet Breeders and
				  Animal Shelter LicensingAct shall be performed by the Oklahoma Department of
				  Agriculture, Food, and Forestry and the State Board of Agriculture.
				  Administration of the Act shall conform to the Administrative Procedures Act,
				  Title 2 of the Oklahoma Statutes, and procedural rules found in Title 35 of the
				  Oklahoma Administrative Code as promulgated by the State Board of
				  Agriculture.
Added at 29 Ok Reg 1747, eff 6-21-12 (emergency) ; Added
					 at 30 Ok Reg 829, eff 7-1-13
Oklahoma Administrative Code › Title 35 - Oklahoma Department of Agriculture, Food, and Forestry › Chapter 55 - Commercial Pet Breeders and Animal Shelters › Subchapter 1 - Licensing › Section 35:55-1-3 - License required

Current through Vol. 41, No. 20, July 1, 2024
(a) A person shall
				not act, offer to act, or hold himself or herself out as a commercial pet
				breeder or operate an animal shelter in this state unless the person holds a
				license obtained pursuant to the Commercial Pet Breeders and Animal Shelter
				Licensing Act for each facility that the person owns or operates in this
				state.
(b) It shall be unlawful for
				any person to act as a commercial pet breeder licensee, or to hold himself or
				herself out as such, unless the person shall have been licensed to do so under
				the Commercial Pet Breeders and Animal Shelter Licensing Act.
(c) The commercial pet breeder license shall
				begin on July 1 and expire on June 30 of each calendar year; each commercial
				pet breeder shall renew the license prior to June 30 of each calendar
				year.
(d) The animal shelter
				license shall begin on January 1 and expire on December 31 of each calendar
				year; each animal shelter operator shall renew the license prior to December 31
				of each calendar year.
(e) Any
				person who intends to become a commercial pet breeder or intends to operate an
				animal shelter shall obtain a license prior to operation.
(f) Any person who does not meet the
				definition of a commercial pet breeder or animal shelter but chooses to
				voluntarily obtain a license shall comply with all rules as though they do meet
				the definition of a commercial pet breeder or animal shelter.
(g) Each commercial pet breeder and animal
				shelter shall have a fixed place of business with a specific physical location
				and shall conform to local zoning ordinances authorizing the occupancy of a
				commercial pet breeder or animal shelter at that location.
Added at 29 Ok Reg 1747, eff 6-21-12 (emergency) ; Added
					 at 30 Ok Reg 829, eff 7-1-13
Oklahoma Administrative Code › Title 35 - Oklahoma Department of Agriculture, Food, and Forestry › Chapter 55 - Commercial Pet Breeders and Animal Shelters › Subchapter 1 - Licensing › Section 35:55-1-4 - License application

Current through Vol. 41, No. 20, July 1, 2024
(a) The
				Oklahoma Department of Agriculture, Food, and Forestry shall issue a license to
				each commercial pet breeder or animal shelter operatorwho:
(1) Meets the requirements of the Commercial
				Pet Breeders and Animal Shelter LicensingAct ;
(2) Applies to the Department on the form
				prescribed by the Department; and
(3) Pays the required fee.
Oklahoma Administrative Code › Title 35 - Oklahoma Department of Agriculture, Food, and Forestry › Chapter 55 - Commercial Pet Breeders and Animal Shelters › Subchapter 1 - Licensing › Section 35:55-1-5 - Grounds for denial, suspension, or revocation of a license

Current through Vol. 41, No. 20, July 1, 2024
The Oklahoma Department of Agriculture, Food, and Forestry
				  may deny a license, or renewal thereof, or revoke a license of any applicant ,
				  commercial pet breeder , or animal shelter operator who fails to meet the
				  standards of animal care or fails to follow the application process adopted by
				  the Department, or if the person:
(1)
				Is convicted of a crime involving animal cruelty;
(2) Is convicted of violating the Commercial
				Pet Breeders and Animal Shelter LicensingAct more than three times;
(3) Is convicted of a type of felony
				specified by subparagraphs a through pp of paragraph 2 of Section
				571 of
				Title 57 of the Oklahoma Statutes;
(4) Is convicted of a felony punishable under
				the Oklahoma Racketeer-Influenced and Corrupt Organizations Act; or
(5) Has held or applied for a United States
				Department of Agriculture license pursuant to the Animal Welfare Act and whose
				license was suspended or revoked, or whose application was refused due to the
				improper care of animals.
Added at 29 Ok Reg 1747, eff 6-21-12 (emergency) ; Added
					 at 30 Ok Reg 829, eff 7-1-13
Oklahoma Administrative Code › Title 35 - Oklahoma Department of Agriculture, Food, and Forestry › Chapter 55 - Commercial Pet Breeders and Animal Shelters › Subchapter 1 - Licensing › Section 35:55-1-6 - Inspections

Current through Vol. 41, No. 20, July 1, 2024
(a) The Oklahoma Department of Agriculture,
				Food, and Forestry may contract with a local veterinarian licensed by the
				state, other state agency or any other qualified person to conduct or assist in
				an initial prelicense inspection and annual inspections.
(b) The Department shall arrange for an
				inspection at a facility prior to issuance of an initial license for that
				facility.
(1) The Department shall not issue a
				license to any person until the Department receives an initial prelicense
				inspection report from the inspector in a format approved by the Department
				certifying that the facility meets the requirements of the Commercial Pet
				Breeders and Animal Shelter LicensingAct .
(2) Prior to the initial prelicense
				inspection, each applicant shall pay to the Department a nonrefundable
				inspection fee.
Oklahoma Administrative Code › Title 35 - Oklahoma Department of Agriculture, Food, and Forestry › Chapter 55 - Commercial Pet Breeders and Animal Shelters › Subchapter 1 - Licensing › Section 35:55-1-7 - Changes of information

Current through Vol. 41, No. 20, July 1, 2024
A commercial pet breeder or animal shelter operatorshall
				  notify the Oklahoma Department of Agriculture, Food, and Forestry in writing
				  not later than ten (10) days after the date any change occurs in the address,
				  name, management, substantial control, or ownership of the business or
				  operation.
Added at 29 Ok Reg 1747, eff 6-21-12 (emergency) ; Added
					 at 30 Ok Reg 829, eff 7-1-13