Chapter 125 Oregon Laws 2001

AN ACT

HB 2158

Relating to feral animals; amending ORS 496.004 and 610.002; and declaring an emergency.

Be It Enacted by the People of the State of Oregon:

SECTION 1. ORS 496.004 is amended to read:

496.004. As used in the wildlife laws, unless the context requires otherwise:

(1) “Angle” means to take or attempt to take a fish for personal use by means involving hook and line.

(2) “Commission” means the State Fish and Wildlife Commission created by ORS 496.090.

(3) “Compatible” means capable of existing in harmony so as to minimize conflict.

(4) “Department” means the State Department of Fish and Wildlife created by ORS 496.080.

(5) “Director” means the State Fish and Wildlife Director appointed pursuant to ORS 496.112.

(6) “Endangered species” means:

(a) Any native wildlife species determined by the commission to be in danger of extinction throughout any significant portion of its range within this state.

(b) Any native wildlife species listed as an endangered species pursuant to the federal Endangered Species Act of 1973 (P.L. 93-205, 16 U.S.C. 1531), as amended.

(7) “Fund” means the State Wildlife Fund created by ORS 496.300.

(8) “Fur-bearing mammal” means beaver, bobcat, fisher, marten, mink, muskrat, otter, raccoon, red fox and gray fox.

(9) “Game mammal” means antelope, black bear, cougar, deer, elk, moose, mountain goat, mountain sheep and silver gray squirrel.

(10) “Hunt” means to take or attempt to take any wildlife by means involving the use of a weapon or with the assistance of any mammal or bird.

(11) “Manage” means to protect, preserve, propagate, promote, utilize and control wildlife.

(12) “Optimum level” means wildlife population levels that provide self-sustaining species as well as taking, nonconsumptive and recreational opportunities.

(13) “Person with a disability” means a person who complies with the requirement of ORS 496.018.

(14) “Species” means any species or subspecies of wildlife.

(15) “Take” means to kill or obtain possession or control of any wildlife.

(16) “Threatened species” means:

(a) Any native wildlife species the commission determines is likely to become an endangered species within the foreseeable future throughout any significant portion of its range within this state.

(b) Any native wildlife species listed as a threatened species pursuant to the federal Endangered Species Act of 1973 (P.L. 93-205, 16 U.S.C. 1531), as amended.

(17) “Trap” means to take or attempt to take any wildlife by means involving the use of a trap, net, snare or other device used for the purpose of capture.

(18) “Wildlife” means fish, wild birds, amphibians[,] and reptiles, feral swine as defined by State Department of Agriculture rule and other wild mammals.

SECTION 2. ORS 610.002 is amended to read:

610.002. As used in this chapter, “predatory animal” or “predatory animals” includes feral swine as defined by State Department of Agriculture rule, coyotes, rabbits, rodents and birds [which] that are or may be destructive to agricultural crops, products and activities, but excluding game birds and other birds determined by the State Fish and Wildlife Commission to be in need of protection.

SECTION 3. This 2001 Act being necessary for the immediate preservation of the public peace, health and safety, an emergency is declared to exist, and this 2001 Act takes effect on its passage.

Approved by the Governor May 9, 2001

Filed in the office of Secretary of State May 9, 2001

Effective date May 9, 2001

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