Bill Text: OR SB650 | 2011 | 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) 2011-06-30 - In committee upon adjournment. [SB650 Detail]

Download: Oregon-2011-SB650-Introduced.html

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     76th OREGON LEGISLATIVE ASSEMBLY--2011 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 2807

                         Senate Bill 650

Sponsored by Senator GIROD

                             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 one or more dogs to hunt or pursue cougars if
person hunts with certain person. Authorizes State Fish and
Wildlife Commission to issue annual tags to hunt or pursue
cougars with one or more dogs.

                        A BILL FOR AN ACT
Relating to cougars; creating new provisions; amending ORS
  497.112 and 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) A person may hunt or pursue cougars with one or more
dogs if the person holds the appropriate licenses, tag and
permits and if the person hunts or pursues cougars with one or
more dogs with a person described in section 5 of this 2011
Act. + }
    { - (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) A person may hunt or pursue cougars with one or more
dogs if the person holds the appropriate licenses, tag and
permits and if the person hunts or pursues cougars with one or
more dogs with a person described in section 5 of this 2011
Act. + }
    { - (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.
  SECTION 3. ORS 497.112 is amended to read:
  497.112. (1) The State Fish and Wildlife Commission is
authorized to issue, upon application, to persons desiring to
hunt wildlife the following general tags and shall charge
therefor the following fees:
  (a) Resident annual elk tag to hunt elk, $40.50.
  (b) Nonresident annual elk tag to hunt elk, $498.50.
  (c) Special annual elk tag for holders of pioneer or disabled
veteran hunting licenses to hunt elk, one-half the fee imposed
under paragraph (a) of this subsection for a resident annual elk
tag to hunt elk.
  (d) Resident annual deer tag to hunt deer, $22.50.
  (e) Nonresident annual deer tag to hunt deer, $373.50.
  (f) Resident annual black bear tag to hunt black bear, $12.50.
  (g) Nonresident annual black bear tag to hunt black bear,
$180.50.
  (h) Resident annual mountain sheep tag to hunt mountain sheep,
$120.50.
  (i) Nonresident annual mountain sheep tag to hunt mountain
sheep, $1,298.50.
  (j) Resident annual mountain goat tag to hunt mountain goat,
$120.50.
  (k) Nonresident annual mountain goat tag to hunt mountain goat,
$1,298.50.
  (L) Resident annual cougar tag to hunt cougar, $12.50.
  (m) Nonresident annual cougar tag to hunt cougar, $12.50.
  (n) Resident annual antelope tag to hunt antelope, $42.50.
  (o) Nonresident annual antelope tag to hunt antelope, $331.50.
  (p) Resident annual turkey tag to hunt turkeys, $20.50.
  (q) Resident annual juvenile turkey tag to hunt turkeys, $8.50.
  (r) Nonresident annual juvenile turkey tag to hunt turkeys,
$8.50.
  (s) Nonresident annual turkey tag to hunt turkeys, $75.50.
  (t) Outfitter and guide annual deer tag to hunt deer, $495.25.
  (u) Outfitter and guide annual elk tag to hunt elk, $731.75.
   { +  (v) Annual tag to hunt or pursue cougars with one or more
dogs with person described in section 5 of this 2011 Act,
$1,000. + }
  (2)(a) Notwithstanding ORS 496.146 (10), the commission is
authorized to issue each year one special tag that is auctioned
to the highest bidder in a manner prescribed by the commission
for each of the following:
  (A) Mountain sheep;
  (B) Antelope; and
  (C) Mountain goat.
  (b) In addition to the tags referred to in paragraph (a) of
this subsection, the commission is authorized to issue each year
one special tag that is raffled in a manner prescribed by the
commission for each of the following:
  (A) Mountain sheep;
  (B) Antelope; and
  (C) Mountain goat.
  (c) Moneys received under this subsection for:
  (A) Mountain sheep tags shall be placed in the Mountain Sheep
Subaccount established in ORS 496.303;
  (B) Antelope tags shall be placed in the Antelope Subaccount
established in ORS 496.303; and
  (C) Mountain goat tags shall be placed in the Mountain Goat
Subaccount established in ORS 496.303.
  (d) Notwithstanding ORS 496.146 (10), the commission, upon the
recommendation of the Access and Habitat Board to fulfill the
board's charge of providing incentives to increase public access
and habitat improvements to private land, is authorized to issue
each year up to 10 elk and 10 deer tags to hunt deer or elk. The
tags shall be auctioned or raffled to the highest bidder in a
manner prescribed by the commission. The Access and Habitat
Board, in recommending any tags, shall include a proposal as to
the land on which each tag can be used and a percentage of funds
received from the tags that may revert to the landowner if the
tag is limited to private land. However, the percentage cannot be
more than 50 percent and the programs must, by written agreement,
provide for public access and habitat improvements.
  (3) The tags referred to in subsection (1) of this section are
in addition to and not in lieu of the hunting licenses required
by law.
  (4) The commission may, at the time of issue only, indorse upon
the tags referred to in subsection (1) of this section an
appropriate designation indicating whether it is for a game
animal to be taken with bow and arrow or with firearms, at the
choice of the applicant. The commission may prescribe by rule
that the holder of such a tag is not authorized to take the game
animal by any other means than the tag so indorsed.
  (5) Except as provided in subsection (6) of this section, a
person is not eligible to obtain, in a lifetime, more than one
controlled hunt tag issued by the commission to hunt mountain
sheep and one controlled hunt tag issued by the commission to
hunt mountain goat.
  (6) A person is eligible to obtain mountain sheep tags,
antelope tags or mountain goat tags described in subsection
(2)(a) and (b) of this section, regardless of whether the person
has previously taken a mountain sheep, antelope or mountain goat
or previously obtained a mountain sheep tag, antelope tag or
mountain goat tag issued pursuant to subsection (1) or (2)(a) or
(b) of this section.
  (7) The number of nonresident mountain goat tags and
nonresident mountain sheep tags shall be decided by the
commission, but:
  (a) The number of nonresident mountain goat tags may not be
less than five percent nor more than 10 percent of all mountain
goat tags issued.
  (b) The number of nonresident mountain sheep tags may not be
less than five percent nor more than 10 percent of all mountain
sheep tags issued.
  (8) The number of tags issued by drawing under subsection
(1)(g), (m) and (o) of this section shall be decided by the
commission, but for each class of tag so issued, the number may
not be more than three percent of all tags of that class issued
for hunting in a particular area except one nonresident tag may
be issued for each hunt when the number of authorized tags is
less than 35. The number of tags issued under subsection (1)(g)
of this section for the general hunting season may be decided by
the commission, but the number may not be more than three percent
of all tags issued the previous year for hunting in a particular
area.
  (9) The number of tags issued by drawing under subsection
(1)(b) and (e) of this section shall be decided by the
commission, but for each class of tag so issued, the number may
not be more than five percent of all tags of that class issued
for hunting in a particular area except one nonresident tag may
be issued for each hunt when the number of authorized tags is
fewer than 35. The commission shall set the percentage by rule
each year after holding a public hearing.
  (10) If a controlled hunt for game mammals is undersubscribed
during the primary controlled hunt drawing, the commission may
issue the unallocated tags to licensed hunters at up to four
times the standard tag fee on a first-come, first-served basis.
This controlled hunt tag program shall be in addition to and not
replace any existing controlled hunt tag program.
  SECTION 4.  { + Section 5 of this 2011 Act is added to and made
a part of ORS chapter 704. + }
  SECTION 5.  { + (1) The State Marine Board, after consultation
with the State Department of Fish and Wildlife, shall establish a
certification process for outfitters and guides who engage in
providing outfitting and guiding services for hunting or pursuing
cougars with one or more dogs pursuant to ORS 498.164.
Certification shall include evaluation of education, training,
experience and other matters regarding the qualification of
individuals to provide the required services.
  (2) The board may charge a fee for certification that is in
addition to the fee required by this chapter for
registration. + }
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