Chapter 610 — Predatory
Animals
2011 EDITION
PREDATORY ANIMALS
ANIMALS
610.002 “Predatory
animals” defined
610.003 Bobcat
and red fox control permitted
610.005 Administration
of laws for destruction of predatory animals
610.010 Cooperation
with United States Department of Agriculture
610.015 County
appropriations for destruction of predatory animals
610.020 Predatory
Animal, Rabbit and Rodent Control Fund
610.025 County
appropriations matching state funds for control and eradication of predatory animals;
gifts from private persons
610.030 Apportionment
of money appropriated by state to eradicate animals
610.032 Refund
of unexpended funds appropriated by county for predatory animal control
610.035 Employment
of hunters and trappers; cooperation with United States Department of
Agriculture
610.040 Money
from sale of skins
610.045 Keeping
coyotes in captivity
610.050 Theft
of animal control device or animal caught by device
610.055 Findings
on wildlife damage
610.060 Effect
of certain wildlife law provisions on predatory animal control
610.105 Authority
to control noxious rodents or predatory animals
610.150 Wolf
predation loss compensation program; county qualification; rules; report
610.155 Wolf
Management Compensation and Proactive Trust Fund
610.990 Penalties
610.002 “Predatory animals” defined.
As used in this chapter, “predatory animal” or “predatory animals” includes
feral swine as defined by State Department of Agriculture rule, coyotes,
rabbits, rodents and birds that are or may be destructive to agricultural
crops, products and activities, but excluding game birds and other birds
determined by the State Fish and Wildlife Commission to be in need of
protection. [1959 c.240 §2; 1971 c.658 §29; 1977 c.136 §4; subsection (2) of
610.002 renumbered 610.003; 1979 c.399 §2; 2001 c.125 §2]
610.003 Bobcat and red fox control permitted.
Notwithstanding any other provision of law, the State Department of
Agriculture, after consultation with the State Department of Fish and Wildlife,
may implement bobcat and red fox control procedures as authorized under this
chapter, for a specified period of time and within a specified area, if the
State Department of Agriculture determines such action is necessary to protect
domestic mammals or birds. [Formerly subsection (2) of 610.002; 1979 c.399 §4]
610.005 Administration of laws for destruction
of predatory animals. The laws for the destruction,
eradication or control of predatory animals by the state shall be administered
by the State Department of Agriculture. Any sums appropriated by the
legislature for such purposes shall be expended in cooperation with the United
States Department of Agriculture. No part of any such appropriation shall be
paid for bounties. [Amended by 1959 c.240 §3; 1989 c.750 §1]
610.010 Cooperation with United States Department
of Agriculture. The State Department of
Agriculture shall enter into definite cooperative agreements with the United
States Department of Agriculture, prescribing the manner, terms and conditions
of such cooperation and the amounts which the state and federal governments
will contribute thereto. [Amended by 1959 c.240 §4; 1989 c.750 §2]
610.015 County appropriations for destruction
of predatory animals. The various county courts and
boards of county commissioners may appropriate out of county general funds any
amount of money that, in their judgment, is necessary to be expended in
cooperating with the State Department of Agriculture and with the United States
Department of Agriculture in carrying out ORS 610.002 to 610.040 and 610.105.
However, no county shall be called upon to appropriate any amount of money for
the purpose of such sections where it is not spent within the border of the
county. [Amended by 1959 c.240 §5; 1981 c.95 §2; 1989 c.750 §3]
610.020 Predatory Animal, Rabbit and
Rodent Control Fund. (1) From all money received by
the State Fish and Wildlife Commission from the General Fund, or from any funds
eligible for the purpose set forth in subsection (2) of this section, the State
Fish and Wildlife Commission shall set aside an amount of at least $60,000 in
any one calendar year in a budget fund to be known as the Predatory Animal,
Rabbit and Rodent Control Fund.
(2)
Such fund shall be expended by the State Fish and Wildlife Commission in cooperation
with the State Department of Agriculture and the United States Department of
Agriculture for the control and destruction of predatory animals, rabbits and
rodents in the state. Any part of such fund remaining unexpended at the end of
any calendar year shall remain in the fund for expenditure during the
succeeding year. [Amended by 1959 c.680 §1; 1989 c.750 §4; 2001 c.930 §1]
610.025 County appropriations matching
state funds for control and eradication of predatory animals; gifts from
private persons. (1) On presentation of a
petition signed by 100 taxpayers of any county and a statement from the State
Department of Agriculture to the effect that certain state funds are available
for expenditure in the county where the petitioners reside, the county court
may appropriate from the general fund of the county an amount of money equal
to, or in excess of, the state funds available for expenditure within the
county and forward such money to the State Department of Agriculture to be
expended for the control and eradication of predatory animals as provided by
ORS 610.030 to 610.040.
(2)
The county court or board of county commissioners of any county may accept
gifts and donations from private persons or associations of persons to be
expended for the control and eradication of predatory animals as provided by
ORS 610.025 to 610.040. Moneys received by the county under this subsection
shall be forwarded to the State Department of Agriculture to be expended for
the control and eradication of predatory animals as provided by ORS 610.025 to
610.040. [Amended by 1953 c.606 §4; 1965 c.485 §1]
610.030 Apportionment of money
appropriated by state to eradicate animals. (1)
The State Department of Agriculture shall apportion any money appropriated by
the Legislative Assembly for the purpose set forth in ORS 610.025, among the
counties according to the necessity for control and eradication of predatory
animals and the financial cooperation received from the counties.
(2)
Moneys paid or forwarded pursuant to ORS 610.025 by the county court of any
county to the State Department of Agriculture, and moneys allotted by the State
Department of Agriculture for expenditure within any county, hereby are
appropriated continuously for and shall be expended only in the control of
coyotes and other harmful predatory animals within the boundaries of the county
in accordance with the terms and conditions fixed by the State Department of
Agriculture and the United States Department of Agriculture, unless otherwise
authorized by the county court. [Amended by 1953 c.606 §4; 1965 c.485 §2; 1989
c.750 §5; 1999 c.59 §182]
610.032 Refund of unexpended funds
appropriated by county for predatory animal control.
Any unexpended and unobligated funds appropriated by a county court or board of
county commissioners for the destruction, eradication or control of predatory
animals under ORS 610.015 or 610.025 may be refunded if the State Department of
Agriculture finds that such funds are not necessary to carry out ORS 610.002 to
610.040 and 610.105. [1959 c.541 §2; 1981 c.95 §3]
610.035 Employment of hunters and
trappers; cooperation with United States Department of Agriculture.
(1) The State Department of Agriculture may employ hunters and expert trappers
throughout the state for the purpose of controlling and eradicating coyotes and
other harmful predatory animals. The department may also provide funds for
administrative purposes in connection with predatory animal control and
eradication.
(2)
For the purpose of carrying on this work the department shall enter into
contracts with the United States Department of Agriculture in order to prevent
duplication, secure proper administration and enlist the financial support of
the federal government. [Amended by 1989 c.750 §6]
610.040 Money from sale of skins.
Money received by the State Department of Agriculture from the sale of skins
shall be paid into the State Treasury and expended in the county from which the
skins were taken, in the control and eradication of predatory animals.
610.045 Keeping coyotes in captivity.
Coyotes shall not be kept in captivity except in public parks or zoos or in
compliance with the terms and conditions of a permit issued pursuant to ORS
497.308 and 497.312. The justice court and circuit court have concurrent
jurisdiction of any violation of this section. [Amended by 1977 c.247 §3]
610.050 Theft of animal control device or
animal caught by device. (1) No person shall steal, take
or molest a trap, poison bait station, coyote getter or other device which is
operated, possessed or controlled by an employee of a county, state or federal
government for the purpose of the eradication of noxious or predatory animals.
(2)
No person shall steal, take or molest any noxious or predatory animal captured
or killed by any such device described in subsection (1) of this section. [1959
c.299 §2(1),(2)]
610.055 Findings on wildlife damage.
The Legislative Assembly finds and declares that it is the policy of this state
that:
(1)
Appropriate measures must be taken to assist farmers, ranchers and others in
resolving wildlife damage problems; and
(2)
Federal, state, county and other local governments involved in wildlife damage
control should mutually cooperate in their related efforts. [2001 c.792 §1]
Note:
610.055 was enacted into law by the Legislative Assembly but was not added to
or made a part of ORS chapter 610 or any series therein by legislative action.
See Preface to Oregon Revised Statutes for further explanation.
610.060 Effect of certain wildlife law
provisions on predatory animal control. Nothing in
the wildlife laws is intended to deny the right of any person to control
predatory animals as provided in ORS 610.105. [1971 c.658 §28; 1973 c.723 §126;
1975 c.214 §2; 1975 c.791 §3]
610.105 Authority to control noxious rodents
or predatory animals. Any person owning, leasing,
occupying, possessing or having charge of or dominion over any land, place,
building, structure, wharf, pier or dock which is infested with ground
squirrels and other noxious rodents or predatory animals, as soon as their
presence comes to the knowledge of the person, may, or the agent of the person
may, proceed immediately and continue in good faith to control them by
poisoning, trapping or other appropriate and effective means. [Amended by 1971
c.658 §30]
610.110
[Repealed by 1981 c.95 §1]
610.115
[Repealed by 1969 c.167 §1]
610.120
[Repealed by 1969 c.167 §1]
610.125
[Amended by 1969 c.167 §2; repealed by 1981 c.95 §1]
610.130
[Amended by 1969 c.167 §3; repealed by 1981 c.95 §1]
610.135 [Repealed
by 1969 c.167 §1]
610.140
[Repealed by 1969 c.167 §1]
610.145
[Repealed by 1981 c.95 §1]
610.150 Wolf predation loss compensation
program; county qualification; rules; report. (1) 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)
“Working dog” means any animal of the species Canis familiaris used to aid in
the herding or guarding of livestock.
(2)
The State Department of Agriculture shall establish and implement a wolf
depredation compensation and financial assistance grant program, using moneys
in the Wolf Management Compensation and Proactive Trust Fund established under
ORS 610.155, to provide grants to assist counties to implement county programs
under which:
(a)
Compensation is paid to persons who suffer loss or injury to livestock or
working dogs due to wolf depredation; and
(b)
Financial assistance is provided to persons who implement livestock management
techniques or nonlethal wolf deterrence techniques designed to discourage wolf
depredation of livestock.
(3)
Subject to available funding in the Wolf Management Compensation and Proactive
Trust Fund established under ORS 610.155, a county qualifies for a grant under
the wolf depredation compensation and financial assistance grant program if the
county:
(a)
Establishes a county program to:
(A)
Compensate persons who suffer loss or injury to livestock or working dogs due
to wolf depredation; and
(B)
Provide financial assistance to persons who implement livestock management
techniques or nonlethal wolf deterrence techniques designed to discourage wolf
depredation of livestock.
(b)
Contributes an amount of moneys equal to 10 percent of the amount necessary to
implement, during the calendar year, the county program.
(c)
Establishes a procedure by which persons applying for compensation under the
county program provide evidence of the loss or injury to livestock or working
dogs due to wolf depredation. Evidence of the loss or injury must include a
finding by the State Department of Fish and Wildlife or the department’s
designated agent that wolf depredation was the probable cause of the loss or
injury.
(d)
Establishes a county advisory committee to oversee the county program,
consisting of one county commissioner, two members who own or manage livestock
and two members who support wolf conservation or coexistence with wolves. The
county advisory committee, once established by the county, shall agree upon two
county business representatives to serve as additional county advisory
committee members.
(e)
Establishes a procedure by which persons applying for financial assistance
under the county program provide an estimate of the potential cost of the
livestock management techniques or nonlethal wolf deterrence techniques
designed to discourage wolf depredation.
(4)
In accordance with the Oregon Wolf Conservation and Management Plan, the
Director of Agriculture shall adopt rules to implement the provisions of this
section, including but not limited to rules that:
(a)
Require that livestock owners and managers experiencing above-normal loss or
injury to livestock or working dogs due to wolf depredation be given priority
by counties for grant moneys received under the wolf depredation compensation
and financial assistance grant program.
(b)
Require counties participating in the wolf depredation compensation and
financial assistance grant program to:
(A)
Prepare an annual report that specifies the actions taken by, and compensation
paid and financial assistance provided to, counties under the wolf depredation
compensation and financial assistance grant program;
(B)
Distribute grant program funds, to the extent possible, in an equal and
balanced manner between payments to compensate for loss or injury to livestock
or working dogs due to wolf depredation and payments to implement livestock
management techniques or nonlethal wolf deterrence techniques designed to
discourage wolf depredation of livestock, with a minimum of 30 percent of grant
program funds being distributed for livestock management techniques or
nonlethal wolf deterrence techniques designed to discourage wolf depredation of
livestock; and
(C)
Establish compensation rates for loss or injury to livestock or working dogs
due to wolf depredation that are based on fair market value and the
recommendation of the county advisory committee described in subsection (3)(d)
of this section.
(c)
Establish eligibility requirements for compensation under county programs that
ensure, contingent upon available funds, that:
(A)
Outside an area of known wolf activity, as designated by the State Department
of Fish and Wildlife, confirmed loss or injury to livestock or working dogs
shall be compensated regardless of the preexistence of wolf deterrence
techniques;
(B)
Within an area of known wolf activity, as designated by the State Department of
Fish and Wildlife, confirmed loss or injury to livestock or working dogs, as
well as missing livestock above the level based on loss or injury attributable
to causes other than wolf depredation established by the county advisory
committee described in subsection (3)(d) of this section, shall be compensable
if owners have demonstrated implementation of best management practices to
deter wolves, including reasonable use of nonlethal methods when practicable,
giving priority for compensation of confirmed losses at fair market value and
with other compensation claims determined according to the recommendation of
the county advisory committee; and
(C)
Any compensation for loss or injury to livestock or working dogs due to wolf
depredation is based upon a finding by the local advisory committee that the
person did not unreasonably or purposefully create circumstances that attract
wolves or encourage conflict between wolves and livestock or working dogs.
(5)
Each biennium the State Department of Agriculture shall prepare a report that
specifies the actions taken by counties, compensation paid by counties and
financial assistance provided to counties under the wolf depredation
compensation and financial assistance grant program, and shall submit the
report to the Legislative Assembly and post the report on the department’s
website for public access.
(6)
The State Department of Agriculture may use moneys in the Wolf Management
Compensation and Proactive Trust Fund established under ORS 610.155 to pay
expenses incurred in administering the wolf depredation compensation and
financial assistance grant program. [2011 c.690 §1]
Note:
610.150 and 610.155 were enacted into law by the Legislative Assembly but were
not added to or made a part of ORS chapter 610 or any series therein by
legislative action. See Preface to Oregon Revised Statutes for further
explanation.
610.155 Wolf Management Compensation and
Proactive Trust Fund. (1) The Wolf Management
Compensation and Proactive Trust Fund is established separate and distinct from
the General Fund. Interest earned on the moneys in the Wolf Management
Compensation and Proactive Trust Fund shall be credited to the fund. All moneys
in the fund are continuously appropriated to the State Department of
Agriculture for the purpose of establishing and implementing the wolf
depredation compensation and financial assistance grant program described in
ORS 610.150.
(2)
The fund shall consist of moneys appropriated by the Legislative Assembly for
the purposes of the fund and any gifts, grants, donations, endowments or bequests
from any public or private source. The State Department of Agriculture may seek
out and receive any gifts, grants, donations, endowments or bequests for the
purpose of establishing and implementing the wolf depredation compensation and
financial assistance grant program described in ORS 610.150. The department
shall deposit such moneys into the fund. [2011 c.690 §2]
Note: See
note under 610.150.
610.205
[Amended by 1967 c.293 §34; 1967 c.594 §2; repealed by 1981 c.95 §1]
610.210
[Repealed by 1981 c.95 §1]
610.215
[Amended by 1957 c.566 §1; repealed by 1981 c.95 §1]
610.220
[Repealed by 1981 c.95 §1]
610.225
[Repealed by 1981 c.95 §1]
610.230
[Amended by 1957 c.566 §2; repealed by 1981 c.95 §1]
610.235
[Repealed by 1981 c.95 §1]
610.240
[Repealed by 1959 c.299 §4]
610.245
[Amended by 1957 c.566 §4; repealed by 1959 c.299 §4]
610.250
[Amended by 1957 c.566 §3; repealed by 1959 c.299 §4]
610.255
[Repealed by 1959 c.299 §4]
610.260
[Repealed by 1959 c.299 §4]
610.265
[Repealed by 1959 c.299 §4]
610.270
[Repealed by 1959 c.299 §4]
610.275
[Repealed by 1959 c.299 §4]
610.280
[Repealed by 1959 c.299 §4]
610.285
[Repealed by 1959 c.299 §4]
610.290
[Repealed by 1959 c.299 §4]
610.295
[Repealed by 1961 c.154 §1]
610.300 [Repealed
by 1971 c.743 §432]
610.405
[Repealed by 1981 c.95 §1]
610.410
[Repealed by 1981 c.95 §1]
610.415
[Repealed by 1981 c.95 §1]
610.420
[Repealed by 1981 c.95 §1]
610.425
[Repealed by 1981 c.95 §1]
610.430
[Repealed by 1981 c.95 §1]
610.505
[Repealed by 1981 c.95 §1]
610.510
[Repealed by 1981 c.95 §1]
610.515
[Repealed by 1981 c.95 §1]
610.520
[Repealed by 1981 c.95 §1]
610.525
[Repealed by 1981 c.95 §1]
610.990 Penalties.
(1) Violation of ORS 610.045 is a Class A violation.
(2)
Violation of ORS 610.050 is a Class A misdemeanor. [Amended by 1959 c.299 §3;
subsection (2) enacted as 1959 c.299 §2(3); 1971 c.743 §401; 1981 c.95 §4; 1999
c.1051 §209; 2011 c.597 §251]
CHAPTERS 611
TO 615
[Reserved for
expansion]
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