Chapter 248 Oregon Laws 2003

AN ACT

SB 832

Relating to wildlife; creating new provisions; amending ORS 498.012 and 498.164; and declaring an emergency.

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

SECTION 1. ORS 498.012 is amended to read:

498.012. (1) Nothing in the wildlife laws is intended to prevent any person from taking any wildlife that is [damaging] causing damage, is a public nuisance or poses a public health risk on 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.]

(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) Nothing in subsection (1) of this section requires 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. :S2.703 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, fur-bearing mammal or 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) “Damage” means loss of or harm inflicted on land, livestock or agricultural or forest crops.

(b) “Nongame wildlife” has the meaning given that term in ORS 496.375.

(c) “Public nuisance” means loss of or harm inflicted on gardens, ornamental plants, ornamental trees, pets, vehicles, boats, structures or other personal property.

SECTION 2. ORS 498.164 is amended to read:

498.164. (1) Except as provided in subsections (2) and (3) of this section, [no person shall] a person may not use bait to attract or take black bears or use one or more dogs to hunt or pursue black bears or cougars.

(2) Nothing in subsection (1) of this section [shall prohibit] prohibits the use of bait or one or more dogs by employees or agents of county, state, or federal agencies while acting in their official capacities.

(3) Nothing in subsection (1) of this section [shall prohibit] prohibits the use of bait or dogs by persons for the taking of black bears or cougars in accordance with the provisions of ORS 498.012 relating to taking wildlife that is causing damage.

(4) Any person who violates subsection (1) of this section commits a Class A misdemeanor and, upon conviction, shall in addition to appropriate criminal penalties have his or her privilege to apply for any hunting license suspended for a period of five years for a first offense and permanently suspended for any subsequent offense.

(5) For the purposes of this section, “bait” means any material placed for the purpose of attracting or attempting to attract bears.

SECTION 3. (1)(a) There is created the Task Force on Wildlife Control Activities consisting of members appointed by the State Fish and Wildlife Director.

(b) The State Fish and Wildlife Director shall appoint members to the task force who represent nuisance animal control businesses, local governments and wildlife conservation organizations.

(2) The purpose of the task force is to study and make recommendations on the development of a system for the licensing and regulation of businesses conducting nuisance, damage or public health risk animal control operations. The system recommended may include reporting requirements, license revocation standards, license fee structure and standards of practice, including but not limited to trap check requirements, euthanasia methods and animal relocation standards.

(3) The State Department of Fish and Wildlife shall provide staff support to the task force.

(4) All agencies of state government, as defined in ORS 174.111, are directed to assist the task force in the performance of its duties and, to the extent permitted by laws relating to confidentiality, to furnish such information and advice as the members of the task force consider necessary to perform their duties.

(5) A majority of the members of the task force constitutes a quorum for the transaction of business.

(6) Official action by the task force requires the approval of a majority of the members of the task force.

(7) The task force shall elect one of its members to serve as chairperson.

(8) Members of the task force are not entitled to compensation or reimbursement for expenses and serve as volunteers on the task force.

(9) The task force shall submit a report containing its recommendations, including recommendations for legislation, to an interim committee related to natural resources, in the manner provided by ORS 192.245, no later than October 1, 2004.

SECTION 4. Section 3 of this 2003 Act is repealed on December 31, 2004.

SECTION 5. This 2003 Act being necessary for the immediate preservation of the public peace, health and safety, an emergency is declared to exist, and this 2003 Act takes effect on its passage.

Approved by the Governor June 6, 2003

Filed in the office of Secretary of State June 9, 2003

Effective date June 6, 2003

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