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 1068
 
                         House Bill 2260
 
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 Fish and Wildlife)
 
 
                             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 as
introduced.
 
  Allows cougars or bears posing imminent threat to human safety
to be taken without permit. Defines imminent threat to human
safety.
 
                        A BILL FOR AN ACT
Relating to animal control; amending ORS 498.012.
Be It Enacted by the People of the State of Oregon:
  SECTION 1. ORS 498.012 is amended to read:
  498.012.   { - (1) - }   { + (1)(a) + } Nothing in the wildlife
laws   { - is intended to prevent - }   { + prohibits + } any
person from taking any wildlife that is damaging land that the
person owns or lawfully occupies or is damaging livestock or
agricultural or forest crops on such land.   { - However, no
person shall take, pursuant to this subsection, at a time or
under circumstances when such taking is prohibited by the State
Fish and Wildlife Commission, any game mammal or game bird,
fur-bearing mammal or nongame wildlife species, unless the person
first obtains a permit for such taking from the commission.  As
used in this subsection 'nongame wildlife' has the meaning for
that term prescribed in ORS 496.375. - }  { +  Except for cougar,
bobcat, red fox or bear, the taking of which under this paragraph
does not require a permit, a person may not take any game mammal,
game bird, fur-bearing mammal or nongame wildlife under this
paragraph without a permit from the State Fish and Wildlife
Commission if the taking of such an animal is otherwise
prohibited by the commission. Any person who takes a cougar,
bobcat, red fox or bear under this paragraph must have in the
person's possession written authority from the landowner or
lawful occupant of the land that complies with subsection (4) of
this section.
  (b) Nothing in the wildlife laws prohibits a person from taking
a cougar or bear that poses an imminent threat to human
safety. + }
    { - (2)(a) Nothing in subsection (1) of this section requires
a permit for the taking of cougar, bobcat, red fox or bear
pursuant to that subsection. However, any person who takes a
cougar, bobcat, red fox or bear must have in possession written
authority therefor from the landowner or lawful occupant of the
land that complies with subsection (4) of this section. - }
    { - (b) - }   { + (2) + }   { - Nothing in - }  Subsection
(1) of this section
  { - requires - }  { +  does not require + } the commission to
issue a permit for the taking of any wildlife species for which a
U. S. Fish and Wildlife Service permit is required pursuant to
the Migratory Bird Treaty Act (16 U.S.C. นน703 to 711), as
amended.
  (3) Any person who takes, pursuant to   { - subsection (1)
of - } this section, any   { - cougar, bobcat, red fox, bear, - }
game mammal, game bird  { - , - }   { + or + } fur-bearing mammal
or  { + any nongame + } wildlife
  { - species - }  whose survival the commission determines is
endangered shall immediately report the taking to a person
authorized to enforce the wildlife laws, and shall dispose of the
wildlife in such manner as the commission directs. In determining
procedures for disposal of bear and cougar, the commission shall
direct the State Department of Fish and Wildlife to first offer
the animal to the landowner incurring the damage.
  (4) The written authority from the landowner or lawful occupant
of the land required by   { - subsection (2) of - }  this section
for the taking of cougar, bobcat, red fox or bear must set forth
all of the following:
  (a) The date of issuance of the authorization;
  (b) The name, address, telephone number and signature of the
person granting the authorization;
  (c) The name, address and telephone number of the person to
whom the authorization is granted;
  (d) The wildlife damage control activities to be conducted,
whether for bear, cougar, red fox or bobcat; and
  (e) The expiration date of the authorization, which shall be
not later than one year from the date of issuance of the
authorization.
  (5) Any regional office of the State Department of Fish and
Wildlife ordering the disposal of an animal under subsection (3)
of this section shall file a report with the State Fish and
Wildlife Director within 30 days after the disposal. The report
shall include but need not be limited to the loss incurred, the
financial impact and the disposition of the animal. The director
shall compile all reports received under this subsection on a
bimonthly basis. The reports compiled by the director shall be
available to the public upon request.
   { +  (6) As used in this section:
  (a) 'Imminent threat to human safety' means the exhibition of
one or more of the following behaviors:
  (A) Aggressive actions directed toward a person or persons,
including but not limited to charging, false charging, growling,
teeth popping and snarling.
  (B) Breaking into, or attempting to break into, a residence.
  (C) Attacking a pet or domestic animal as defined in ORS
167.310.
  (b) 'Nongame wildlife' has the meaning given that term in ORS
496.375. + }
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DSMKIF505E CONTROL WORD PARAMETER MISSING.
DSMMOM395I '.S2' LINE 50: .if  = MEDIUM
DSMMOM397I '.S2' WAS IMBEDDED AT LINE 53 OF 'HB2260P'
DSMKIF505E CONTROL WORD PARAMETER MISSING.
DSMMOM395I '.S2' LINE 70: .if  = BOLD
DSMMOM397I '.S2' WAS IMBEDDED AT LINE 53 OF 'HB2260P'
DSMKIF505E CONTROL WORD PARAMETER MISSING.
DSMMOM395I '.S2' LINE 90: .if  = 8
DSMMOM397I '.S2' WAS IMBEDDED AT LINE 53 OF 'HB2260P'
DSMKIF505E CONTROL WORD PARAMETER MISSING.
DSMMOM395I '.S2' LINE 110: .if  = 9
DSMMOM397I '.S2' WAS IMBEDDED AT LINE 53 OF 'HB2260P'
DSMKIF505E CONTROL WORD PARAMETER MISSING.
DSMMOM395I '.S2' LINE 130: .if  = 10
DSMMOM397I '.S2' WAS IMBEDDED AT LINE 53 OF 'HB2260P'
DSMKIF505E CONTROL WORD PARAMETER MISSING.
DSMMOM395I '.S2' LINE 150: .if  = 12
DSMMOM397I '.S2' WAS IMBEDDED AT LINE 53 OF 'HB2260P'