Bill Text: OR HB3013 | 2011 | Regular Session | Introduced

---

Bill Title: Relating to wolves; appropriating money; declaring an emergency.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Failed) 2011-06-30 - In committee upon adjournment. [HB3013 Detail]

Download: Oregon-2011-HB3013-Introduced.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 3081

                         House Bill 3013

Sponsored by Representative G SMITH

                             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.

  Directs State Fish and Wildlife Commission to establish wolf
depredation compensation and cost-sharing program for purposes of
compensating persons who suffer loss or injury due to wolf
depredation and providing financial assistance to persons who
implement livestock management techniques or nonlethal wolf
control techniques designed to discourage wolf depredation of
livestock.
  Creates Wolf Management Compensation and Proactive Trust Fund
and continuously appropriates fund moneys for purpose of
providing compensation and financial assistance under program.
Appropriates moneys from General Fund for purposes of program.
  Declares emergency, effective on passage.

                        A BILL FOR AN ACT
Relating to wolves; appropriating money; and declaring an
  emergency.
Be It Enacted by the People of the State of Oregon:
  SECTION 1.  { +  Definitions. As used in sections 1 to 9 of
this 2011 Act:
  (1) '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.
  (2) 'Sporting dog' means any animal of the species Canis
familiaris used to aid a person in legally authorized hunting.
  (3) 'Working dog' means any animal of the species Canis
familiaris used to aid in the herding or protection of
livestock. + }
  SECTION 2.  { + Wolf depredation compensation and cost-sharing
program. (1) The State Fish and Wildlife Commission shall develop
and implement a wolf depredation compensation and cost-sharing
program. The program shall:
  (a) Provide compensation to persons who suffer losses or
injuries due to wolf depredation; and
  (b) Provide financial assistance to persons who implement
livestock management techniques or nonlethal wolf control
techniques designed to discourage wolf depredation of livestock.
  (2) Compensation and financial assistance under the program
shall be paid from the Wolf Management Compensation and Proactive
Trust Fund established under section 9 of this 2011 Act. + }

  SECTION 3.  { + Payment of compensation and financial
assistance under program. (1) Compensation may be paid under the
wolf depredation compensation and cost-sharing program if, due to
wolf activity, a person has suffered a confirmed or probable loss
or injury of livestock located on private land or legally grazing
on public land. A confirmed loss or injury occurs if there is
clear and convincing evidence that the loss or injury was caused
by wolf depredation. A probable loss or injury occurs if a
preponderance of the evidence establishes that a loss or injury
was caused by wolf depredation.
  (2) Compensation may also be paid under the program if a
working dog or sporting dog is killed or injured by a wolf.
Compensation may be paid for sporting dogs only if the loss or
injury occurs:
  (a) During an authorized hunting or pursuit season; or
  (b) While engaged, with the authorization of the State Fish and
Wildlife Commission in the pursuit of bears or cougars that are
causing damage or posing a threat to human safety.
  (3) Financial assistance under section 2 (1)(b) of this 2011
Act may be provided only after the applicant has consulted with
the State Department of Fish and Wildlife and has received
approval for implementation of the livestock management
techniques or nonlethal wolf control techniques. + }
  SECTION 4.  { + Application for compensation or financial
assistance. (1) A person may apply for compensation or financial
assistance under the wolf depredation compensation and
cost-sharing program on a form established by rule of the State
Fish and Wildlife Commission.
  (2) A person applying for compensation under the program shall
provide evidence of the loss or injury. Evidence of the loss or
injury must include a finding, after investigation by the State
Department of Fish and Wildlife, the Wildlife Services program of
the Animal and Plant Health Inspection Service of the United
States Department of Agriculture or the United States Fish and
Wildlife Service, that wolf depredation was the probable cause of
loss or injury.
  (3) A person applying for financial assistance under the
program shall provide an estimate of the potential cost of the
livestock management techniques or nonlethal wolf control
techniques designed to discourage wolf depredation. + }
  SECTION 5.  { + Investigation of loss or injury. A person who
has suffered loss or injury due to wolf depredation may request
that the State Department of Fish and Wildlife investigate the
claim of loss or injury. Within 24 hours after receiving a
request, the department shall investigate the claim of loss or
injury. A person's ability to make a claim for compensation is
not affected by the failure of the department to respond to a
request for an investigation within the time allowed. + }
  SECTION 6.  { + Determination of compensation. (1) Compensation
payable to a person under the wolf depredation compensation and
cost-sharing program shall be determined by the State Fish and
Wildlife Commission as follows:
  (a) Confirmed losses shall be paid at 100 percent of the market
value of the livestock lost.
  (b) Probable losses 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) The owners of 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, as a result of the injury, are unable to
reproduce or have to be destroyed or sold.
  (e) Payments for loss or injury shall be reduced by any amount
of compensation that the person receives from any other source.

  (f) Owners of lost or injured working dogs and sporting dogs
shall be compensated at the market value of dogs of similar
breed, training, age and gender.
  (2) The commission shall compute the market value of livestock
using the following guidelines:
  (a) Males that are at least one year old 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 the purchase price, the market value
shall be the average local market value for animals of the same
breed and age.
  (b) Females that are at least one year old have a market value
equal to the average available recorded purchase price of females
of the same age, breed and quality from the same herd, and if
bred, the value of offspring at weaning.
  (c) An animal that is less than one year old has a market value
equal to the average amount received for other animals of the
same gender, age and breed at the time of planned sale.
  (3) Disputes involving the market value of an animal may be
resolved by using a third-party appraiser to determine market
value. + }
  SECTION 7.  { + Implementation of livestock management and
nonlethal wolf control techniques. If the State Fish and Wildlife
Commission determines that a person has suffered loss or injury
of livestock or working dogs, the State Department of Fish and
Wildlife and the person shall design and implement mutually
agreeable livestock management techniques or nonlethal wolf
control techniques designed to discourage wolf depredation. + }
  SECTION 8.  { + Financial assistance for livestock management.
The State Fish and Wildlife Commission may pay persons
compensation for employing livestock management techniques or
nonlethal wolf control techniques at a rate established by the
commission.  However, the commission may not reduce the financial
assistance based on other moneys received by the applicant for
habitat improvement or habitat protection. + }
  SECTION 9.  { + 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 Fish and Wildlife Commission for the purpose of paying
compensation and financial assistance under sections 1 to 9 of
this 2011 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 loss or injury 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 10.  { + Advisory committee. + }  { + (1) The State
Fish and Wildlife Commission shall create an advisory committee
to recommend to the commission a process for screening claims and
for developing a method for resolving compensation claims made
under sections 1 to 9 of this 2011 Act. The committee shall also
recommend:
  (a) When and how the commission compensates persons for missing
livestock, if the number 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
claimant and the commission to agree upon timing for the payment;
and
  (c) A alternative dispute resolution process for resolving
disputes regarding compensation.
  (2) The advisory committee created under this section shall
have five members appointed by the commission. The members must
be familiar with wolf depredation, livestock management
techniques or nonlethal control techniques designed to discourage
wolf depredation. Of the five members:
  (a) One member shall represent cattle producers;
  (b) One member shall represent sheep producers;
  (c) One member shall represent the State Department of
Agriculture;
  (d) One member shall represent hunters; and
  (e) One member shall 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, 2013. + }
  SECTION 11.  { +  Appropriation. In addition to and not in lieu
of any other appropriation, there is appropriated to the State
Department of Fish and Wildlife, for the biennium beginning July
1, 2011, out of the General Fund, the amount of $___, which may
be expended only for the purpose of carrying out sections 1 to 9
of this 2011 Act. + }
  SECTION 12.  { +  Sunset date. Section 10 of this 2011 Act is
repealed on January 2, 2013. + }
  SECTION 13.  { +  Captions. The section captions used in this
2011 Act are provided only for the convenience of the reader and
do not become part of the statutory law of this state or express
any legislative intent in the enactment of this 2011 Act. + }
  SECTION 14.  { +  Emergency. + }  { + 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. + }
                         ----------