Bill Text: OR HB2175 | 2011 | Regular Session | Enrolled
Bill Title: Relating to potentially habituated wildlife; and declaring an emergency.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Passed) 2011-06-09 - Chapter 284, (2011 Laws): Effective date June 9, 2011. [HB2175 Detail]
Download: Oregon-2011-HB2175-Enrolled.html
76th OREGON LEGISLATIVE ASSEMBLY--2011 Regular Session
Enrolled
House Bill 2175
Sponsored by Representative COWAN (at the request of Rob Bovett,
Lincoln County District Attorney) (Presession filed.)
CHAPTER ................
AN ACT
Relating to potentially habituated wildlife; and declaring an
emergency.
Be It Enacted by the People of the State of Oregon:
SECTION 1. { + Sections 2 and 3 of this 2011 Act are added to
and made a part of ORS chapter 496. + }
SECTION 2. { + It is the intent of the Legislative Assembly to
protect wildlife from becoming habituated to humans and to
protect the public against the serious health and safety risk
posed by wildlife that are drawn into contact with humans and
infrastructure by individuals who knowingly feed wildlife. + }
SECTION 3. { + (1) As used in this section:
(a) 'Officer' means any person authorized to enforce the
wildlife laws pursuant to ORS 496.605, 496.610 or 496.615.
(b) 'Potentially habituated wildlife' means bear, cougar,
coyote and wolf.
(2) A person who places, deposits, distributes, stores or
scatters food, garbage or any other attractant so as to knowingly
constitute a lure, attraction or enticement for potentially
habituated wildlife may be issued a written notification by an
officer requiring the person to remove the food, garbage or other
attractant within two days of notification.
(3) A person who receives a written notification under
subsection (2) of this section shall remove the food, garbage or
other attractant as directed.
(4) This section does not apply to:
(a) Activities related to an agricultural, forestry or ranching
operation.
(b) Feeding potentially habituated wildlife with the State Fish
and Wildlife Director's authorization. The director may authorize
the feeding:
(A) In order to prevent damage to private property;
(B) In order to mitigate the population loss anticipated by a
predicted winter mortality; or
(C) As a part of a research or management program.
(c) Waste disposal facilities operating in accordance with
applicable federal, state and local laws.
(d) Zoos, wildlife refuges and persons that have a permit to
keep wildlife in captivity for rehabilitation or other purposes
pursuant to ORS 497.228, 497.298 or 497.308.
(5) Nothing in this section affects any provision of ORS
498.164. + }
Enrolled House Bill 2175 (HB 2175-B) Page 1
SECTION 4. { + This 2011 Act being necessary for the immediate
preservation of the public peace, health and safety, an emergency
is declared to exist, and this 2011 Act takes effect on its
passage. + }
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Passed by House April 4, 2011
Repassed by House May 24, 2011
.............................................................
Ramona Kenady Line, Chief Clerk of House
.............................................................
Bruce Hanna, Speaker of House
.............................................................
Arnie Roblan, Speaker of House
Passed by Senate May 19, 2011
.............................................................
Peter Courtney, President of Senate
Enrolled House Bill 2175 (HB 2175-B) Page 2
Received by Governor:
......M.,............., 2011
Approved:
......M.,............., 2011
.............................................................
John Kitzhaber, Governor
Filed in Office of Secretary of State:
......M.,............., 2011
.............................................................
Kate Brown, Secretary of State
Enrolled House Bill 2175 (HB 2175-B) Page 3
