Bill Text: OR HB2175 | 2011 | Regular Session | Engrossed

Oregon House Bill 2175 (Prior Session Legislation)

NOTE: There are more recent revisions of this legislation. Read Latest Draft

Bill Title: Relating to potentially habituated wildlife; and declaring an emergency.

Sponsorship: Partisan Bill (Democrat 1)

Status: (Passed) 2011-06-09 - Chapter 284, (2011 Laws): Effective date June 9, 2011. [HB2175 Detail]

Download: Oregon-2011-HB2175-Engrossed.html



     76th OREGON LEGISLATIVE ASSEMBLY--2011 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 1430

                           B-Engrossed

                         House Bill 2175
                  Ordered by the Senate May 17
 Including House Amendments dated March 29 and Senate Amendments
                          dated May 17

Sponsored by Representative COWAN (at the request of Rob Bovett,
  Lincoln County District Attorney) (Presession filed.)

                             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.

  Requires person who receives certain written notification
regarding potentially habituated wildlife to remove food, garbage
or other attractants as directed. Provides exceptions.
  Declares emergency, effective on passage.

                        A BILL FOR 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. + }
  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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