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
 
                         Senate Bill 832
 
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 as
introduced.
 
  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.
 
                        A BILL FOR AN ACT
Relating to wildlife; 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) 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) The State Fish and Wildlife Commission shall define,
by rule, 'public nuisance' and 'public health risk' for purposes
of this section.
  (7) As used in this section:
  (a) 'Damage' means loss of or harm inflicted on land,
livestock, agricultural or forest crops, gardens, ornamental
plants or trees, pets, vehicles, boats, structures or other
personal property.
  (b) 'Nongame wildlife' has the meaning given that term in ORS
496.375. + }
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