Bill Text: OR HB3560 | 2011 | Regular Session | Enrolled
Bill Title: Relating to wolves; appropriating money; and declaring an emergency.
Spectrum: Strong Partisan Bill (Republican 17-1)
Status: (Passed) 2011-08-02 - Chapter 690, (2011 Laws): Effective date August 2, 2011. [HB3560 Detail]
Download: Oregon-2011-HB3560-Enrolled.html
76th OREGON LEGISLATIVE ASSEMBLY--2011 Regular Session
Enrolled
House Bill 3560
Sponsored by Representative G SMITH; Representatives BENTZ,
ESQUIVEL, GARRARD, JENSON, JOHNSON, KRIEGER, SCHAUFLER,
WHISNANT, Senators BOQUIST, FERRIOLI, GEORGE, GIROD, KRUSE,
NELSON, TELFER, THOMSEN, WHITSETT (at the request of Oregon
Cattlemen's Association)
CHAPTER ................
AN ACT
Relating to wolves; appropriating money; and declaring an
emergency.
Be It Enacted by the People of the State of Oregon:
SECTION 1. { + (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 section 2
of this 2011 Act, 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 section 2
of this 2011 Act, 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
Enrolled House Bill 3560 (HB 3560-B) Page 1
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
Enrolled House Bill 3560 (HB 3560-B) Page 2
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 section 2 of this 2011 Act to pay expenses incurred in
administering the wolf depredation compensation and financial
assistance grant program. + }
SECTION 2. { + (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
section 1 of this 2011 Act.
(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 section 1 of this 2011 Act. The department shall
deposit such moneys into the fund. + }
SECTION 3. { + The first report under section 1 (5) of this
2011 Act is due for the 2011-2013 biennium. + }
SECTION 4. { + In addition to and not in lieu of any other
appropriation, there is appropriated to the State Department of
Agriculture, for the biennium beginning July 1, 2011, out of the
General Fund, the amount of $100,000, which may be expended to
implement sections 1 and 2 of this 2011 Act. + }
SECTION 5. { + 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. + }
----------
Enrolled House Bill 3560 (HB 3560-B) Page 3
Passed by House June 22, 2011
.............................................................
Ramona Kenady Line, Chief Clerk of House
.............................................................
Bruce Hanna, Speaker of House
.............................................................
Arnie Roblan, Speaker of House
Passed by Senate June 24, 2011
.............................................................
Peter Courtney, President of Senate
Enrolled House Bill 3560 (HB 3560-B) Page 4
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 3560 (HB 3560-B) Page 5
