73rd OREGON LEGISLATIVE ASSEMBLY--2005 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 3617
House Bill 3478
Sponsored by COMMITTEE ON AGRICULTURE AND NATURAL RESOURCES
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.
Adds gray wolf to definition of game mammal. Allows State Fish
and Wildlife Commission to establish special status
classification for gray wolf. Allows person to take gray wolf
without permit under certain conditions if wolf is causing harm
to livestock.
Directs commission to establish program for compensating
persons who suffer loss or injury due to wolves.
Directs commission to appoint advisory committee to recommend
methods for screening and paying compensation claims.
Creates Wolf Management Compensation Fund. Continuously
appropriates fund to commission for payment of compensation
claims.
Appropriates moneys to commission to carry out compensation
program.
A BILL FOR AN ACT
Relating to wolves; creating new provisions; amending ORS
496.004, 496.146 and 498.012; and appropriating money.
Be It Enacted by the People of the State of Oregon:
SECTION 1. ORS 496.004 is amended to read:
496.004. As used in the wildlife laws, unless the context
requires otherwise:
(1) 'Angle' means to take or attempt to take a fish for
personal use by means involving hook and line.
(2) 'Commission' means the State Fish and Wildlife Commission
created by ORS 496.090.
(3) 'Compatible' means capable of existing in harmony so as to
minimize conflict.
(4) 'Department' means the State Department of Fish and
Wildlife created by ORS 496.080.
(5) 'Director' means the State Fish and Wildlife Director
appointed pursuant to ORS 496.112.
(6) 'Endangered species' means:
(a) Any native wildlife species determined by the commission to
be in danger of extinction throughout any significant portion of
its range within this state.
(b) Any native wildlife species listed as an endangered species
pursuant to the federal Endangered Species Act of 1973 (P.L.
93-205, 16 U.S.C. 1531), as amended.
(7) 'Fund' means the State Wildlife Fund created by ORS
496.300.
(8) 'Fur-bearing mammal' means beaver, bobcat, fisher, marten,
mink, muskrat, otter, raccoon, red fox and gray fox.
(9) 'Game mammal' means antelope, black bear, cougar, deer,
elk, moose, mountain goat, { + gray wolf, + } mountain sheep and
silver gray squirrel.
(10) 'Hunt' means to take or attempt to take any wildlife by
means involving the use of a weapon or with the assistance of any
mammal or bird.
(11) 'Manage' means to protect, preserve, propagate, promote,
utilize and control wildlife.
(12) 'Optimum level' means wildlife population levels that
provide self-sustaining species as well as taking, nonconsumptive
and recreational opportunities.
(13) 'Person with a disability' means a person who complies
with the requirement of ORS 496.018.
(14) 'Shellfish' has the meaning given that term in ORS
506.011.
(15) 'Species' means any species or subspecies of wildlife.
(16) 'Take' means to kill or obtain possession or control of
any wildlife.
(17) 'Threatened species' means:
(a) Any native wildlife species the commission determines is
likely to become an endangered species within the foreseeable
future throughout any significant portion of its range within
this state.
(b) Any native wildlife species listed as a threatened species
pursuant to the federal Endangered Species Act of 1973 (P.L.
93-205, 16 U.S.C. 1531), as amended.
(18) 'Trap' means to take or attempt to take any wildlife by
means involving the use of a trap, net, snare or other device
used for the purpose of capture.
(19) 'Wildlife' means fish, shellfish, wild birds, amphibians
and reptiles, feral swine as defined by State Department of
Agriculture rule and other wild mammals.
SECTION 2. ORS 496.146 is amended to read:
496.146. In addition to any other duties or powers provided by
law, the State Fish and Wildlife Commission:
(1) May accept, from whatever source, appropriations, gifts or
grants of money or other property for the purposes of wildlife
management, and use such money or property for wildlife
management purposes.
(2) May sell or exchange property owned by the state and used
for wildlife management purposes when the commission determines
that such sale or exchange would be advantageous to the state
wildlife policy and management programs.
(3) May acquire, introduce, propagate and stock wildlife
species in such manner as the commission determines will carry
out the state wildlife policy and management programs.
(4) May by rule authorize the issuance of such licenses, tags
and permits for angling, taking, hunting and trapping and may
prescribe such tagging and sealing procedures as the commission
determines necessary to carry out the provisions of the wildlife
laws or to obtain information for use in wildlife management.
Permits issued pursuant to this subsection may include special
hunting permits for a person and immediate family members of the
person to hunt on land owned by that person in areas where
permits for deer or elk are limited by quota. As used in this
subsection, ' immediate family members' means husband, wife,
father, mother, brothers, sisters, sons, daughters, stepchildren
and grandchildren. A landowner who is qualified to receive
landowner preference tags from the commission may request two
additional tags for providing public access and two additional
tags for wildlife habitat programs. This request shall be made to
the Access and Habitat Board with supporting evidence that the
access is significant and the habitat programs benefit wildlife.
The board may recommend that the commission grant the request.
When a landowner is qualified under landowner preference rules
adopted by the commission and receives a controlled hunt tag for
that unit or a landowner preference tag for the landowner's
property and does not use the tag during the regular season, the
landowner may use that tag to take an antlerless animal, when
approved by the State Department of Fish and Wildlife, to
alleviate damage that is presently occurring to the landowner's
property.
(5) May by rule prescribe procedures requiring the holder of
any license, tag or permit issued pursuant to the wildlife laws
to keep records and make reports concerning the time, manner and
place of taking wildlife, the quantities taken and such other
information as the commission determines necessary for proper
enforcement of the wildlife laws or to obtain information for use
in wildlife management.
(6) May establish special hunting and angling areas or seasons
in which only persons less than 18 years of age or over 65 years
of age are permitted to hunt or angle.
(7) May acquire by purchase, lease, agreement or gift real
property and all appropriate interests therein for wildlife
management and wildlife-oriented recreation purposes.
(8) May acquire by purchase, lease, agreement, gift, exercise
of eminent domain or otherwise real property and all interests
therein and establish, operate and maintain thereon public
hunting areas.
(9) May establish and develop wildlife refuge and management
areas and prescribe rules governing the use of such areas and the
use of wildlife refuge and management areas established and
developed pursuant to any other provision of law.
(10) May by rule prescribe fees for licenses, tags, permits and
applications issued or required pursuant to the wildlife laws,
and user charges for angling, hunting or other recreational uses
of lands owned or managed by the commission, unless such fees or
user charges are otherwise prescribed by law. Except for licenses
issued pursuant to subsection (14) of this section, no fee or
user charge prescribed by the commission pursuant to this
subsection shall exceed $100.
(11) May enter into contracts with any person or governmental
agency for the development and encouragement of wildlife research
and management programs and projects.
(12) May perform such acts as may be necessary for the
establishment and implementation of cooperative wildlife
management programs with agencies of the federal government.
(13) May offer and pay rewards for the arrest and conviction of
any person who has violated any of the wildlife laws. No such
reward shall exceed $100 for any one arrest and conviction.
(14) May by rule prescribe fees for falconry licenses issued
pursuant to the wildlife laws, unless such fees are otherwise
prescribed by law. Fees prescribed by the commission pursuant to
this subsection shall be based on actual or projected costs of
administering falconry regulations and shall not exceed $250.
(15) May establish special fishing and hunting seasons and bag
limits applicable only to persons with disabilities.
(16) May adopt optimum populations for deer and elk consistent
with ORS 496.012. These population levels shall be reviewed at
least once every five years.
(17) Shall establish a preference system so that individuals
who are unsuccessful in controlled hunt permit drawings for deer
and elk hunting have reasonable assurance of success in those
drawings in subsequent years.
(18) May sell advertising in State Department of Fish and
Wildlife publications, including annual hunting and angling
regulation publications.
{ + (19) May establish a special status classification for
the gray wolf. + }
SECTION 3. { + The rules adopted under ORS 496.172 by the
State Fish and Wildlife Commission to establish a system of
permits for the incidental taking of threatened species and
endangered species shall allow the commission to issue a permit
for the incidental taking of gray wolves if the person issued the
permit is attempting, pursuant to ORS 498.012, to take another
species by trapping because of damage the species is causing to
livestock. Notwithstanding ORS 496.172, the commission may issue
an incidental take permit under rules adopted pursuant to this
section whether or not the gray wolf is designated as a
threatened or endangered species by the federal government
pursuant to the federal Endangered Species Act of 1973 (P.L.
93-205). + }
SECTION 4. 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 causing
damage, is a public nuisance or poses a public health risk on
land that the person owns or lawfully occupies. However,
{ - no - } { + a + } person
{ - shall - } { + may not + } 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 - } { + holds + } a permit for such taking
from the commission.
{ - (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. ??703 to 711), as amended. - }
{ + (2) Notwithstanding the permit requirement in subsection
(1) of this section, a person without a permit may take:
(a) A cougar, bobcat, red fox or bear, if the person has, 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) Any wildlife species for which a United States Fish and
Wildlife Service permit is required pursuant to the Migratory
Bird Treaty Act (16 U.S.C. 703 to 711); or
(c) A gray wolf that is causing harm to livestock if the
commission has waived the permit requirement by rule and if the
person has, in the person's possession, written authority from
the landowner or lawful occupant of the land that complies with
subsection (4) of this section. + }
(3) Any person who takes, pursuant to subsection (1) of this
section, any cougar, bobcat, red fox, bear, { + gray wolf, + }
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
{ + or gray wolf + } 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 - } { +
cougar, bobcat, red fox, bear or gray wolf + }; 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 5. { + (1) The State Fish and Wildlife Commission
shall develop a compensation and cost-sharing program to provide
financial assistance to persons who suffer losses or injuries due
to wolf depredation and to persons who work to implement
livestock management techniques or nonlethal wolf control
techniques designed to discourage wolf depredation of livestock.
(2) A person may apply to the commission, in a form established
by the commission by rule, for compensation under the program if
one of the following has occurred:
(a) The person has suffered, through wolf activity, a confirmed
loss or injury of livestock located on private land or on public
land under a legal grazing right. A confirmed loss or injury
exists when there is physical evidence that livestock was
actually attacked or killed by a wolf.
(b) The person has suffered the loss or injury of a working or
sporting dog due to wolf activity.
(c) The person, after consultation with the commission, has
proposed to implement livestock management techniques or
nonlethal wolf control techniques designed to discourage wolf
depredation and the commission has approved the implementation.
(3) A person applying for compensation under this section shall
provide:
(a) Evidence of the loss or injury. Evidence of the loss or
injury may include a finding, after investigation, by the State
Department of Fish and Wildlife, the United States Department of
Agriculture Wildlife Services or the United States Fish and
Wildlife Service that the probable cause of injury or death was
wolf related.
(b) Estimates of the potential costs of the livestock
management techniques or nonlethal wolf control techniques
designed to discourage wolf depredation.
(4) Compensation paid to a person applying under this section
shall be determined in the following manner:
(a) Confirmed losses shall be paid at 100 percent of the market
value of the livestock lost.
(b) Probable losses, those losses where evidence exists that
the loss was more likely than not caused by wolf depredation,
shall be paid at a rate determined by the commission, but in no
case less than 50 percent of the market value of the livestock
lost.
(c) Missing livestock may be compensated as determined by the
commission.
(d) If livestock are injured, compensation shall be made for
veterinary treatments and for the reduction in market value of
the livestock that are, as a result of the injury, unable to
reproduce or that have to be destroyed or sold.
(e) Payments for losses or injuries shall be reduced by any
amount that the person receives from any other source.
(f) Working dogs and sporting dogs shall be compensated for at
the market value of similar dogs, including age and gender, not
to exceed $2,500 per dog.
(g) Compensation may be paid for sporting dogs only if the
injury or loss occurs during an authorized hunting or pursuit
season.
(h) Compensation for employing livestock management techniques
and nonlethal wolf control techniques designed to discourage wolf
depredation may be paid to persons at a rate established by the
commission. However, the commission may not reduce the amount
paid based on moneys that the person implementing the techniques
or methods receives for habitat improvement or habitat
protection.
(i) Compensation for subsequent losses or injuries may be
reduced by the commission if the person applying for compensation
has failed to implement livestock management techniques or
nonlethal wolf control techniques designed to discourage wolf
depredation.
(5) The commission shall compute the market value of livestock
using the following guidelines:
(a) Males, other than young of the year, have a market value
equal to the purchase price of the animal or the average price
paid for other males, whichever is higher. If sales receipts are
unavailable to determine purchase price, the market value shall
be the average local market value for animals of the same breed
and age.
(b) Females, other than young of the year, have a market value
equal to the average available recorded sales of females of the
same age and quality as females from the same herd.
(c) Young of the year have a market value equal to the average
amount received for other young of the year for the same gender
and same age.
(d) Disputes involving the market value of an animal may be
resolved by using a third-party appraiser to determine market
value.
(6) A person who has suffered losses or injuries due to wolf
depredation may request that the State Department of Fish and
Wildlife investigate the claim of loss. Within 24 hours of
receiving a request, the department shall investigate the claim
of loss. A person's ability to make a claim for compensation is
unaffected by the decision whether or not to request an
investigation of the loss.
(7) Compensation paid under the program shall be paid from the
Wolf Management Compensation Fund established under section 7 of
this 2005 Act.
(8) As used in this section:
(a) 'Livestock' means ratites, psittacines, horses, mules,
jackasses, cattle, llamas, alpacas, sheep, goats, swine, bison,
domesticated fowl and any fur-bearing animal bred and maintained
commercially or otherwise, within pens, cages or hutches.
(b) 'Sporting dog' means any animal of the species Canis
familiaris used to aid a person in legally authorized hunting.
(c) 'Working dog' means any animal of the species Canis
familiaris used to actively aid in the herding or protection of
livestock. + }
SECTION 6. { + (1) The State Fish and Wildlife Commission
shall appoint an advisory committee to recommend to the
commission a process for screening claims and for developing a
method for resolving compensation claims made under section 5 of
this 2005 Act. The committee shall also recommend:
(a) Whether the commission should compensate persons for
missing livestock, if the number or amount of missing livestock
exceeds historic losses;
(b) A procedure to ensure that compensation is paid in a timely
manner, including an opportunity for discussion between a
livestock producer and the commission to arrive at a timing for
the payment; and
(c) A alternative dispute resolution mechanism for resolving
disputes regarding compensation.
(2) The advisory committee shall be made up of five persons
knowledgeable about wolf depredation and livestock management
techniques and nonlethal wolf control techniques designed to
discourage wolf depredation. The commission shall appoint:
(a) One person to represent cattle producers;
(b) One person to represent sheep producers;
(c) One person to represent the State Department of
Agriculture;
(d) One person to represent hunters; and
(e) One person to represent the wolf conservation community.
(3) The members of the advisory committee are not entitled to
compensation or reimbursement for expenses and serve as
volunteers on the advisory committee.
(4) The advisory committee shall provide its recommendations to
the commission no later than January 1, 2007. + }
SECTION 7. { + (1) The Wolf Management Compensation Fund is
established separate and distinct from the General Fund. Interest
earned on the moneys in the fund shall be credited to the fund.
All moneys in the fund are continuously appropriated to the State
Fish and Wildlife Commission for use in paying compensation under
section 5 of this 2005 Act.
(2) The fund shall consist of all moneys appropriated by the
Legislative Assembly and any gifts, grants, donations, endowments
or bequests from any public or private source. The commission may
seek out and receive any gifts, grants, donations, endowments or
bequests for the purpose of paying compensation to persons who
suffer losses or injuries due to wolf depredation or who
implement livestock management techniques or nonlethal wolf
control techniques designed to discourage wolf depredation. The
commission shall deposit such moneys into the fund. + }
SECTION 8. { + In addition to and not in lieu of any other
appropriation, there is appropriated to the State Fish and
Wildlife Commission, for the biennium beginning July 1, 2005, out
of the General Fund, the amount of $200,000, which may be
expended for the purpose of carrying out sections 5 and 6 of this
2005 Act. + }
SECTION 9. { + Section 6 of this 2005 Act is repealed on
January 2, 2008. + }
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