Bill Text: OR SB428 | 2013 | Regular Session | Introduced

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Bill Title: Relating to cougars; providing for criminal sentence reduction that requires approval by a two-thirds majority.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Failed) 2013-07-08 - In committee upon adjournment. [SB428 Detail]

Download: Oregon-2013-SB428-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 1126

                         Senate Bill 428

Sponsored by Senator GEORGE (at the request of Oregon Sportsmen
  Association) (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 as
introduced.

  Allows use of dog to hunt cougars during final three months of
general cougar hunting season if State Fish and Wildlife
Commission determines that harvest quota for particular hunt zone
might not be met.

                        A BILL FOR AN ACT
Relating to cougars; amending ORS 498.164; and providing for
  criminal sentence reduction that requires approval by a
  two-thirds majority.
Be It Enacted by the People of the State of Oregon:
  SECTION 1. ORS 498.164 is amended to read:
  498.164. (1) Except as provided in subsections (2) to
 { - (4) - }  { +  (5) + } of this section, a person may not use
bait to attract or take black bears or use one or more dogs to
hunt or pursue black bears or cougars.
  (2) Nothing in subsection (1) of this section prohibits the use
of bait or one or more dogs by employees or agents of county,
state or federal agencies while acting in their official
capacities.
  (3)(a) As allowed by subsection (2) of this section, the State
Department of Fish and Wildlife is authorized to appoint persons
to act as agents for the department for the purpose of using one
or more dogs to hunt or pursue black bears or cougars.  Such hunt
or pursuit must be in compliance with any black bear management
plan and any cougar management plan adopted by rule by the State
Fish and Wildlife Commission. An agent acts on the department's
behalf and, subject to the department's direction and control,
implements specific management programs of the department. An
agent may not engage in any other hunting or pursuit while acting
on the department's behalf.
  (b) The department shall:
  (A) Make the appointment in written form; and
  (B) Ensure that the written appointment is available to the
public for review at the main office of the department in Salem.
  (c) Upon appointment of an agent by the department, the
department shall fix the compensation of the agent and prescribe
the duties of the agent. The authority of the agent to act shall
be limited to the terms set forth in the written appointment
under paragraph (b) of this subsection.

  (d) The commission shall adopt by rule a process and criteria
for selecting and training persons to act as agents pursuant to
paragraph (a) of this subsection. The process and criteria shall
include, but are not limited to, the qualifications and training
for agents and are to cover any guidelines, policies or codes of
conduct of the department regarding firearms, first aid,
all-terrain vehicles and snowmobiles and the use of alcohol or
drugs. The department may also require fingerprints as specified
in ORS 496.121 for the purpose of requesting state or nationwide
criminal records checks.
  (4) Nothing in subsection (1) of this section prohibits the use
of bait or dogs by persons for the taking of black bears or
cougars in accordance with the provisions of ORS 498.012 relating
to taking wildlife that is causing damage.
   { +  (5) If the State Fish and Wildlife Commission determines
that the harvest quota might not be met in a particular hunt zone
during the general cougar season, the commission may allow a
person who holds the appropriate licenses, tag and permits to
hunt or pursue cougars with a dog in a particular hunt zone
during the final three months of the general cougar season until
the harvest quota for that particular hunt zone for the season
has been met. + }
    { - (5) - }   { + (6) + } Any person who violates subsection
(1) of this section commits a Class A misdemeanor and, upon
conviction, shall in addition to appropriate criminal penalties
have his or her privilege to apply for any hunting license
suspended for a period of five years for a first offense and
permanently suspended for any subsequent offense.
    { - (6) - }   { + (7) + } For the purposes of this section,
'bait' means any material placed for the purpose of attracting or
attempting to attract bears.
  SECTION 2. ORS 498.164, as amended by section 2, chapter 675,
Oregon Laws 2007, is amended to read:
  498.164. (1) Except as provided in subsections (2)   { - and
(3) - }  { + to (4) + } of this section, a person may not use
bait to attract or take black bears or use one or more dogs to
hunt or pursue black bears or cougars.
  (2) Nothing in subsection (1) of this section prohibits the use
of bait or one or more dogs by employees or agents of county,
state or federal agencies while acting in their official
capacities.
  (3) Nothing in subsection (1) of this section prohibits the use
of bait or dogs by persons for the taking of black bears or
cougars in accordance with the provisions of ORS 498.012 relating
to taking wildlife that is causing damage.
   { +  (4) If the State Fish and Wildlife Commission determines
that the harvest quota might not be met in a particular hunt zone
during the general cougar season, the commission may allow a
person who holds the appropriate licenses, tag and permits to
hunt or pursue cougars with a dog in a particular hunt zone
during the final three months of the general cougar season until
the harvest quota for that particular hunt zone for the season
has been met. + }
    { - (4) - }   { + (5) + } Any person who violates subsection
(1) of this section commits a Class A misdemeanor and, upon
conviction, shall in addition to appropriate criminal penalties
have his or her privilege to apply for any hunting license
suspended for a period of five years for a first offense and
permanently suspended for any subsequent offense.
    { - (5) - }   { + (6) + } For the purposes of this section,
'bait' means any material placed for the purpose of attracting or
attempting to attract bears.
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