Bill Text: OR SB494 | 2013 | Regular Session | Introduced


Bill Title: Relating to traps.

Spectrum: Committee Bill

Status: (Failed) 2013-07-08 - In committee upon adjournment. [SB494 Detail]

Download: Oregon-2013-SB494-Introduced.html


     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 1838

                         Senate Bill 494

Sponsored by COMMITTEE ON JUDICIARY

                             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.

  Prohibits use of body-gripping traps to trap animals.  Provides
exceptions.
  Changes time period during which traps must be checked.
Requires that traps must be identified with marker or metal tag.
Provides that traps may not be set in area that extends 100 feet
outside boundary of trails, campgrounds and picnic areas.
Requires that person that sets trap must post certain sign.
Provides exceptions.

                        A BILL FOR AN ACT
Relating to traps; creating new provisions; and amending ORS
  498.172.
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, 'body-gripping
trap' means a steel-jawed leghold trap, a padded-jaw leghold
trap, a conibear trap, a neck snare or any other trap that grips
an animal.
  (2) A person may not:
  (a) Set, use or authorize the setting or use of a body-gripping
trap to capture any animal for commercial or recreational
purposes.
  (b) Buy, sell, barter or otherwise exchange for profit, or
offer to buy, sell, barter or otherwise exchange for profit, an
animal, or the fur of an animal, that has been trapped in a
body-gripping trap.
  (3) The provisions of this section do not apply to:
  (a) Any treaty or right of any federally recognized Indian
tribe.
  (b) The setting of, use of or authorization to set or use
body-gripping traps to:
  (A) Prevent or address damage to livestock or agricultural
crops on lands a person owns or leases.
  (B) Protect public safety.
  (C) Facilitate research by a public entity. + }
  SECTION 3. ORS 498.172 is amended to read:
  498.172. (1) A person   { - holding a license issued under ORS
497.142 - }  may not set { + , use or authorize the setting or
use of  + }a trap for   { - fur-bearing mammals - }   { + any
animal + } without checking the trap at least once during
 { - each 48-hour period - }   { + the 24-hour period after the
trap is set and at least once during each 24-hour period
thereafter + }.
    { - (2) A person may not set a trap for a predatory animal,
as defined in ORS 610.002, without checking the trap on a regular
basis. - }
   { +  (2) A person that sets, uses or authorizes the setting or
use of a trap under the provisions of this section:
  (a) Must identify the trap with a marker or metal tag that
provides the name and telephone number of the owner of the trap.
  (b) May not set, use or authorize the setting or use of a trap
in the area that extends 100 feet outside of the boundary of any
trail, campground, picnic area or other area used or frequented
by the public.
  (c) Must post and maintain within five feet of the trap a
clearly visible and legible sign that warns the public of the
location of the trap and of the danger posed by the trap to
animals and humans.
  (3) The provisions of this section do not apply to the setting
of, use of or authorization to set or use traps for gophers,
mice, moles, beavers or rats on land owned or leased by the
person setting, using or authorizing the setting or use of the
traps or that person's immediate family as defined in ORS
496.146. + }
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