Bill Text: OR SB197 | 2013 | Regular Session | Introduced

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Bill Title: Relating to wolves; declaring an emergency.

Spectrum: Unknown

Status: (Failed) 2013-07-08 - In committee upon adjournment. [SB197 Detail]

Download: Oregon-2013-SB197-Introduced.html

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     77th OREGON LEGISLATIVE ASSEMBLY--2013 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 584

                         Senate Bill 197

Printed pursuant to Senate Interim Rule 213.28 by order of the
  President of the Senate in conformance with presession filing
  rules, indicating neither advocacy nor opposition on the part
  of the President (at the request of Governor John A. Kitzhaber,
  M.D., for State Department of Fish and Wildlife)

                             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.

  Describes circumstances in which gray wolf may be taken.
  Declares emergency, effective on passage.

                        A BILL FOR 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, 'livestock' and '
working dog' have the meanings given those terms in ORS 610.150.
  (2) Notwithstanding any provision of the wildlife laws, a
person may take a gray wolf at any time if the taking is
necessary to avoid imminent, grave injury to any person.
  (3) Nothing in the wildlife laws is intended to prevent any
person from taking a gray wolf that is causing damage to
livestock or working dogs on land that the person owns or
lawfully occupies if the person has a valid permit issued by the
State Fish and Wildlife Commission that authorizes the taking.
  (4) A person who owns or lawfully occupies land does not need a
permit issued by the commission to take a gray wolf under
subsection (3) of this section on the land that is owned or
occupied by the person if the gray wolf is caught in the act of
attacking livestock or working dogs. A gray wolf may be taken
under the provisions of this subsection only if:
  (a) The person has not used bait to attract gray wolves or
taken any other intentional act to attract gray wolves other than
engaging in regular and ordinary livestock management practices;
and
  (b) The taking is allowed under the federal Endangered Species
Act of 1973 (P.L. 93-205, 16 U.S.C. 1531 et seq.), as in effect
on the effective date of this 2013 Act.
  (5) 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 a gray wolf under subsection (4) 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.
  (6) The person taking the gray wolf on behalf of a landowner or
lawful occupant under subsection (5) of this section must be
carrying the written authorization when the gray wolf is taken.
  (7) If a person takes a gray wolf 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 shall immediately investigate
the report of the taking. + }
  SECTION 3. 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
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 a
gray wolf that is 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 4.  { + 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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