71st OREGON LEGISLATIVE ASSEMBLY--2001 Regular Session
 
NOTE:  Matter within  { +  braces and plus signs + } in an
amended section is new. Matter within  { -  braces and minus
signs - } is existing law to be omitted. New sections are within
 { +  braces and plus signs + } .
 
LC 974
 
                           A-Engrossed
 
                         House Bill 2158
                  Ordered by the Senate April 3
            Including Senate Amendments dated April 3
 
Ordered printed by the Speaker pursuant to House Rule 12.00A (5).
  Presession filed (at the request of Governor John A. Kitzhaber,
  M.D., for State Department of Agriculture)
 
 
                             SUMMARY
 
The following summary is not prepared by the sponsors of the
measure and is not a part of the body thereof subject to
consideration by the Legislative Assembly. It is an editor's
brief statement of the essential features of the measure.
 
  Classifies feral swine as predatory animals.
   { +  Defines feral swine as wildlife.
  Declares emergency, effective on passage. + }
 
                        A BILL FOR AN ACT
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. + }
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