72nd OREGON LEGISLATIVE ASSEMBLY--2003 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 2712
 
                           A-Engrossed
 
                         Senate Bill 832
                  Ordered by the Senate April 9
            Including Senate Amendments dated April 9
 
Sponsored by Senator WALKER; Senator BEYER
 
 
                             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.
 
  Allows person to take wildlife that is public nuisance or
public health risk on land that person owns or occupies.
 { - Directs State Fish and Wildlife Commission to define public
nuisance and public health risk. - }   { + Defines damage,
nongame wildlife and public nuisance. Prohibits baiting or using
dogs to take black bear or cougar except when bear or cougar is
causing damage.
  Creates Task Force on Wildlife Control Activities appointed by
State Fish and Wildlife Director. Directs task force to study and
make recommendations relating to businesses conducting nuisance,
damage and health risk animal control activities.
  Task force sunsets December 31, 2004.
  Declares emergency, effective on passage. + }
 
                        A BILL FOR AN ACT
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.
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, 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. + }
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