Bill Text: OR HB3452 | 2013 | Regular Session | Enrolled
Bill Title: Relating to wolves; and declaring an emergency.
Spectrum: Partisan Bill (Republican 4-0)
Status: (Passed) 2013-07-19 - Chapter 626, (2013 Laws): Effective date July 19, 2013. [HB3452 Detail]
Download: Oregon-2013-HB3452-Enrolled.html
77th OREGON LEGISLATIVE ASSEMBLY--2013 Regular Session
Enrolled
House Bill 3452
Sponsored by Representative JENSON, Senator HANSELL,
Representative SMITH; Representative RICHARDSON
CHAPTER ................
AN ACT
Relating to wolves; creating new provisions; amending ORS
498.012; and declaring an emergency.
Be It Enacted by the People of the State of Oregon:
SECTION 1. { + Section 2 of this 2013 Act is added to and made
a part of ORS chapter 498. + }
SECTION 2. { + (1) As used in this section:
(a) 'Chronic depredation':
(A) Means at least four confirmed qualifying incidents of
depredation by wolves upon livestock or working dogs within a
consecutive six-month period during phase 1 of the Oregon Wolf
Conservation and Management Plan adopted by the State Fish and
Wildlife Commission; or
(B) Has the meaning given that term by the commission for
periods of time after the expiration of phase 1 of the Oregon
Wolf Conservation and Management Plan adopted by the State Fish
and Wildlife Commission.
(b) 'Livestock' has the meaning given that term in ORS 610.150.
(c) 'Working dog' has the meaning given that term in ORS
610.150.
(2) Nothing in the wildlife laws prevents the State Fish and
Wildlife Commission or the State Department of Fish and Wildlife
from lethally taking wolves to address chronic depredation
pursuant to rules adopted by the commission, regardless of the
management status of wolves under the Oregon Wolf Conservation
and Management Plan adopted by the commission.
(3) Pursuant to rules adopted by the State Fish and Wildlife
Commission, a person who owns or lawfully occupies land may take
wolves on land that is owned or occupied by the person, without a
permit issued by the commission, if:
(a) The person has not used bait to attract wolves or taken any
other intentional action to attract wolves other than engaging in
regular and ordinary livestock management practices;
(b) The taking is allowed under the federal Endangered Species
Act of 1973 (P.L. 93-205, 16 U.S.C. 1531 et seq.); and
(c) The wolves are:
(A) Caught in the act of biting, wounding or killing livestock
or working dogs; or
(B) Caught in the act of chasing livestock or working dogs. If
the taking in response to chasing occurs during phase 1 of the
Oregon Wolf Conservation and Management Plan adopted by the
commission:
Enrolled House Bill 3452 (HB 3452-B) Page 1
(i) A person must have first undertaken nonlethal actions as
specified by the State Department of Fish and Wildlife to
minimize conflict between the wolves and livestock or working
dogs; and
(ii) The taking must occur during a time period in which the
department has determined a situation of chronic depredation
exists.
(4) A person who is a landowner or a lawful occupant of land
may authorize another person to enter the land for the purpose of
taking wolves under subsection (3) of this section on behalf of
the landowner or occupant. The authorization must be in writing
and must include:
(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; and
(d) The expiration date of the authorization, which may not be
later than one year from the date of issuance of the
authorization.
(5) The person taking wolves on behalf of a landowner or lawful
occupant under subsection (4) of this section must be carrying
the written authorization when wolves are taken.
(6) If a person takes wolves under the provisions of this
section, the person shall report the taking to the State
Department of Fish and Wildlife within 24 hours and make all
reasonable efforts to preserve, and to keep undisturbed, the
scene of the taking. The department and the Oregon State Police
shall immediately investigate the report of the taking to
determine compliance with the provisions of this section. + }
SECTION 3. { + Until June 30, 2015, any taking under section 2
(2) of this 2013 Act must be consistent with rules adopted by the
State Fish and Wildlife Commission related to the lethal take of
wolves as in effect on the effective date of this 2013 Act. + }
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
person shall 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 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.
(3) Any person who takes, pursuant to subsection (1) of this
section, any cougar, bobcat, red fox, bear, 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
Enrolled House Bill 3452 (HB 3452-B) Page 2
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 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; 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) Section 2 of this 2013 Act governs the taking of
wolves that are causing damage. + }
{ - (6) - } { + (7) + } 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. { + This 2013 Act being necessary for the immediate
preservation of the public peace, health and safety, an emergency
is declared to exist, and this 2013 Act takes effect on its
passage. + }
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Enrolled House Bill 3452 (HB 3452-B) Page 3
Passed by House June 6, 2013
.............................................................
Ramona J. Line, Chief Clerk of House
.............................................................
Tina Kotek, Speaker of House
Passed by Senate June 27, 2013
.............................................................
Peter Courtney, President of Senate
Enrolled House Bill 3452 (HB 3452-B) Page 4
Received by Governor:
......M.,............., 2013
Approved:
......M.,............., 2013
.............................................................
John Kitzhaber, Governor
Filed in Office of Secretary of State:
......M.,............., 2013
.............................................................
Kate Brown, Secretary of State
Enrolled House Bill 3452 (HB 3452-B) Page 5
