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 2077
 
                         Senate Bill 460
 
Sponsored by COMMITTEE ON RULES AND REDISTRICTING
 
 
                             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.
 
  Prohibits trapping mammals with commercial fur value using
steel-jawed leghold trap or other body-gripping trap. Allows use
of restraining devices for veterinary needs, educational or
research purposes, animal control, food production, dairy
production or rodeo activities.
  Requires State Fish and Wildlife Commission to adopt rules
requiring trappers to check traps at least once every 24 hours.
 
                        A BILL FOR AN ACT
Relating to mammals with commercial fur value; creating new
  provisions; and amending ORS 496.162.
Be It Enacted by the People of the State of Oregon:
  SECTION 1.  { + Section 2 of this 2001 Act is added to and made
a part of the wildlife laws. + }
  SECTION 2.  { + (1) A person may not trap a mammal with
commercial fur value for recreational or commercial purposes
using a steel-jawed leghold trap or any other body-gripping trap.
  (2) A person may not buy, sell, barter or otherwise exchange
for profit the raw fur of a mammal with commercial fur value that
has been trapped in this state with a steel-jawed leghold trap or
any other body-gripping trap.
  (3) Nothing in this section is intended to prevent a person
from:
  (a) Breeding, raising and producing mammals with commercial fur
value in captivity.
  (b) Using restraining devices for veterinary needs, educational
or research purposes, animal control, food production, dairy
production or rodeo activities.
  (c) Using a net, animal catch pole, cage or box trap,
suitcase-type live beaver trap or common rat, mole, gopher or
mountain beaver trap.
  (4) As used in this section:
  (a) 'Body-gripping trap' means a device designed to capture,
snare or kill an animal that holds the animal by springing shut
suddenly or closing around any part of the body through
mechanical action.
  (b) 'Mammal with commercial fur value' means a badger, beaver,
bobcat, coyote, fisher, red fox, gray fox, marten, mink, muskrat,
nutria, opossum, raccoon, otter, striped skunk, spotted skunk or
weasel. + }
  SECTION 3. ORS 496.162 is amended to read:
  496.162. (1) After investigation of the supply and condition of
wildlife, the State Fish and Wildlife Commission, at appropriate
times each year, shall by rule:
  (a) Prescribe the times, places and manner in which wildlife
may be taken by angling, hunting or trapping and the amounts of
each of those wildlife species that may be taken and possessed.
  (b) Prescribe such other restrictions or procedures regarding
the angling, hunting, trapping or possessing of wildlife as the
commission determines will carry out the provisions of wildlife
laws.
  (2) In carrying out the provisions of subsection (1) of this
section, the power of the commission includes, but is not limited
to:
  (a) Prescribing the amount of each wildlife species that may be
taken and possessed in terms of sex, size and other physical
characteristics.
  (b) Prescribing such regular and special time periods and areas
closed to the angling, hunting and trapping of any wildlife
species when the commission determines such action is necessary
to protect the supply of such wildlife.
  (c) Prescribing regular and special time periods and areas open
to the angling, hunting and trapping of any wildlife species, and
establishing procedures for regulating the number of persons
eligible to participate in such angling, hunting or trapping,
when the commission determines such action is necessary to
maintain properly the supply of wildlife, alleviate damage to
other resources, or to provide a safe and orderly recreational
opportunity.
  (3) Notwithstanding subsections (1) and (2) of this section,
except as provided in ORS 498.146 or during those times and at
those places prescribed by the commission for the hunting of elk,
the commission shall not prescribe limitations on the times,
places or amounts for the taking of predatory animals. As used in
this subsection, 'predatory animal' has the meaning for that term
provided in ORS 610.002.
  (4) In carrying out the provisions of this section, before
prescribing the numbers of deer and elk to be taken, the
commission shall consider:
  (a) The supply and condition of deer and elk herds;
  (b) The availability of forage for deer, elk and domestic
livestock on public and private range and forest lands;
  (c) The recreational opportunities derived from deer and elk
populations; and
  (d) The effects of deer and elk herds on public and private
range and forest lands.
   { +  (5) In carrying out the provisions of this section, the
commission shall adopt rules regulating trapping conduct that
require persons trapping wildlife to check traps at least once in
every 24-hour period. + }
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