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Oregon

West's Oregon Revised Statutes Annotated. Title 48. Animals. Chapter 610. Predatory Animals.

Statute Details
Printable Version
Citation: O. R. S. 610.002 - 990

Citation: OR ST 610.002 - 990


Last Checked by Web Center Staff: 01/2014

Summary:   These Oregon statutes pertain to the control of predatory animals, which are defined as feral swine, coyotes, rabbits, rodents, and certain birds, and establish the Predatory Animal, Rabbit and Rodent Control Fund. The State Department of Agriculture may employ hunters and trappers to control and eradicate harmful predatory animals.


Statute in Full:

 

610.002. Definition of "predatory animal"

610.003. Control of bobcat and red fox

610.005. Administration of laws for destruction of predatory animals

610.010. Cooperative agreements with United States Department of Agriculture

610.015. Appropriations for destruction of predatory animals

610.020. Establishment of Predatory Animal, Rabbit and Rodent Control Fund

610.025. County appropriations to match state funds available for control and eradication of predatory animals; gifts and donations

610.030. State money appropriated to eradicate predatory animals

610.032. Refunds of unexpended funds

610.035. Employment of hunters and trappers to eradicate predatory animals; cooperation with federal government

610.040. Sale of skins

610.045. Coyotes in captivity

610.050. Prohibition on molestation of device, or animal caught by device

610.055. Legislative findings on wildlife damage

610.060. Wildlife law provisions effect on noxious or predatory animal control

610.105. Control of noxious rodents or predatory animals

610.110. Repealed by Laws 1981, c. 95, § 1

610.115. Repealed by Laws 1969, c. 167, § 1

610.120. Repealed by Laws 1969, c. 167, § 1

610.125. Amended by Laws 1969, c. 167, § 2; repealed by Laws 1981, c. 95, § 1

610.130. Amended by Laws 1969, c. 167, § 3; repealed by Laws 1981, c. 95, § 1

610.135. Repealed by Laws 1969, c. 167, § 1

610.140. Repealed by Laws 1969, c. 167, § 1

610.145. Repealed by Laws 1981, c. 95, § 1

610.150. Wolf depredation compensation and financial assistance grant program; qualification of counties; implementation

610.155. Wolf Management Compensation and Proactive Trust Fund

610.220. Repealed by Laws 1981, c. 95, § 1

610.225. Repealed by Laws 1981, c. 95, § 1

610.230. Amended by Laws 1957, c. 566, § 2; repealed by Laws 1981, c. 95, § 1

610.235. Repealed by Laws 1981, c. 95, § 1

610.240. Repealed by Laws 1959, c. 299, § 4

610.245. Amended by Laws 1957, c. 566, § 4; repealed by Laws 1959, c. 299, § 4

610.250. Amended by Laws 1957, c. 566, § 3; repealed by Laws 1959, c. 299, § 4

610.255. Repealed by Laws 1959, c. 299, § 4

610.260. Repealed by Laws 1959, c. 299, § 4

610.265. Repealed by Laws 1959, c. 299, § 4

610.270. Repealed by Laws 1959, c. 299, § 4

610.275. Repealed by Laws 1959, c. 299, § 4

610.280. Repealed by Laws 1959, c. 299, § 4

610.285. Repealed by Laws 1959, c. 299, § 4

610.290. Repealed by Laws 1959, c. 299, § 4

610.295. Repealed by Laws 1961, c. 154, § 1

610.300. Repealed by Laws 1971, c. 743, § 432

610.405. Repealed by Laws 1981, c. 95, § 1

610.410. Repealed by Laws 1981, c. 95, § 1

610.415. Repealed by Laws 1981, c. 95, § 1

610.420. Repealed by Laws 1981, c. 95, § 1

610.425. Repealed by Laws 1981, c. 95, § 1

610.430. Repealed by Laws 1981, c. 95, § 1

610.505. Repealed by Laws 1981, c. 95, § 1

610.510. Repealed by Laws 1981, c. 95, § 1

610.515. Repealed by Laws 1981, c. 95, § 1

610.520. Repealed by Laws 1981, c. 95, § 1

610.525. Repealed by Laws 1981, c. 95, § 1

610.990. Penalties

 


610.002. Definition of “predatory animal”

As used in this chapter, “predatory animal” or “predatory animals” includes feral swine as defined by State Department of Agriculture rule, coyotes, rabbits, rodents and birds that are or may be destructive to agricultural crops, products and activities, but excluding game birds and other birds determined by the State Fish and Wildlife Commission to be in need of protection.

CREDIT(S)

Laws 1959, c. 240, § 2; Laws 1971, c. 658, § 29; Laws 1977, c. 136, § 4; subsection (2) of § 610.002 renumbered 610.003; Laws 1979, c. 399, § 2; Laws 2001, c. 125, § 2.

 

610.003. Control of bobcat and red fox

 Notwithstanding any other provision of law, the State Department of Agriculture, after consultation with the State Department of Fish and Wildlife, may implement bobcat and red fox control procedures as authorized under this chapter, for a specified period of time and within a specified area, if the State Department of Agriculture determines such action is necessary to protect domestic mammals or birds.

CREDIT(S)

Formerly subsection (2) of § 610.002; Laws 1979, c. 399, § 4.

 


610.005. Administration of laws for destruction of predatory animals

 The laws for the destruction, eradication or control of predatory animals by the state shall be administered by the State Department of Agriculture. Any sums appropriated by the legislature for such purposes shall be expended in cooperation with the United States Department of Agriculture. No part of any such appropriation shall be paid for bounties.

CREDIT(S)

Amended by Laws 1959, c. 240, § 3; Laws 1989, c. 750, § 1.

 

610.010. Cooperative agreements with United States Department of Agriculture

The State Department of Agriculture shall enter into definite cooperative agreements with the United States Department of Agriculture, prescribing the manner, terms and conditions of such cooperation and the amounts which the state and federal governments will contribute thereto.

CREDIT(S)

Amended by Laws 1959, c. 240, § 4; Laws 1989, c. 750, § 2.

 

610.015. Appropriations for destruction of predatory animals

The various county courts and boards of county commissioners may appropriate out of county general funds any amount of money that, in their judgment, is necessary to be expended in cooperating with the State Department of Agriculture and with the United States Department of Agriculture in carrying out ORS 610.002 to 610.040 and 610.105. However, no county shall be called upon to appropriate any amount of money for the purpose of such sections where it is not spent within the border of the county.

CREDIT(S)

Amended by Laws 1959, c. 240, § 5; Laws 1981, c. 95, § 2; Laws 1989, c. 750, § 3.

 

610.020. Establishment of Predatory Animal, Rabbit and Rodent Control Fund

(1) From all money received by the State Fish and Wildlife Commission from the General Fund, or from any funds eligible for the purpose set forth in subsection (2) of this section, the State Fish and Wildlife Commission shall set aside an amount of at least $60,000 in any one calendar year in a budget fund to be known as the Predatory Animal, Rabbit and Rodent Control Fund.

(2) Such fund shall be expended by the State Fish and Wildlife Commission in cooperation with the State Department of Agriculture and the United States Department of Agriculture for the control and destruction of predatory animals, rabbits and rodents in the state. Any part of such fund remaining unexpended at the end of any calendar year shall remain in the fund for expenditure during the succeeding year.

CREDIT(S)

Amended by Laws 1959, c. 680, § 1; Laws 1989, c. 750, § 4; Laws 2001, c. 930, § 1.


610.025. County appropriations to match state funds available for control and eradication of predatory animals; gifts and donations

(1) On presentation of a petition signed by 100 taxpayers of any county and a statement from the State Department of Agriculture to the effect that certain state funds are available for expenditure in the county where the petitioners reside, the county court may appropriate from the general fund of the county an amount of money equal to, or in excess of, the state funds available for expenditure within the county and forward such money to the State Department of Agriculture to be expended for the control and eradication of predatory animals as provided by ORS 610.030 to 610.040.

(2) The county court or board of county commissioners of any county may accept gifts and donations from private persons or associations of persons to be expended for the control and eradication of predatory animals as provided by ORS 610.025 to 610.040. Moneys received by the county under this subsection shall be forwarded to the State Department of Agriculture to be expended for the control and eradication of predatory animals as provided by ORS 610.025 to 610.040.

CREDIT(S)

Amended by Laws 1953, c. 606, § 4; Laws 1965, c. 485, § 1.

 

610.030. State money appropriated to eradicate predatory animals

(1) The State Department of Agriculture shall apportion any money appropriated by the Legislative Assembly for the purpose set forth in ORS 610.025, among the counties according to the necessity for control and eradication of predatory animals and the financial cooperation received from the counties.

(2) Moneys paid or forwarded pursuant to ORS 610.025 by the county court of any county to the State Department of Agriculture, and moneys allotted by the State Department of Agriculture for expenditure within any county, hereby are appropriated continuously for and shall be expended only in the control of coyotes and other harmful predatory animals within the boundaries of the county in accordance with the terms and conditions fixed by the State Department of Agriculture and the United States Department of Agriculture, unless otherwise authorized by the county court.

CREDIT(S)

Amended by Laws 1953, c. 606, § 4; Laws 1965, c. 485, § 2; Laws 1989, c. 750, § 5; Laws 1999, c. 59, § 182.

 

610.032. Refunds of unexpended funds

Any unexpended and unobligated funds appropriated by a county court or board of county commissioners for the destruction, eradication or control of predatory animals under ORS 610.015 or 610.025 may be refunded if the State Department of Agriculture finds that such funds are not necessary to carry out ORS 610.002 to 610.040 and 610.105.

CREDIT(S)

Laws 1959, c. 541, § 2; Laws 1981, c. 95, § 3.

 

610.035. Employment of hunters and trappers to eradicate predatory animals; cooperation with federal government

 (1) The State Department of Agriculture may employ hunters and expert trappers throughout the state for the purpose of controlling and eradicating coyotes and other harmful predatory animals. The department may also provide funds for administrative purposes in connection with predatory animal control and eradication.

(2) For the purpose of carrying on this work the department shall enter into contracts with the United States Department of Agriculture in order to prevent duplication, secure proper administration and enlist the financial support of the federal government.

CREDIT(S)

Amended by Laws 1989, c. 750, § 6.

 
610.040. Sale of skins

 Money received by the State Department of Agriculture from the sale of skins shall be paid into the State Treasury and expended in the county from which the skins were taken, in the control and eradication of predatory animals.

 

 
610.045. Coyotes in captivity

Coyotes shall not be kept in captivity except in public parks or zoos or in compliance with the terms and conditions of a permit issued pursuant to ORS 497.308 and 497.312. The justice court and circuit court have concurrent jurisdiction of any violation of this section.

CREDIT(S)

Amended by Laws 1977, c. 247, § 3.

 

610.050. Prohibition on molestation of device, or animal caught by device

 (1) No person shall steal, take or molest a trap, poison bait station, coyote getter or other device which is operated, possessed or controlled by an employee of a county, state or federal government for the purpose of the eradication of noxious or predatory animals.

(2) No person shall steal, take or molest any noxious or predatory animal captured or killed by any such device described in subsection (1) of this section.

CREDIT(S)

Laws 1959, c. 299, § 2(1), (2).

 


610.055. Legislative findings on wildlife damage

The Legislative Assembly finds and declares that it is the policy of this state that:

(1) Appropriate measures must be taken to assist farmers, ranchers and others in resolving wildlife damage problems; and

(2) Federal, state, county and other local governments involved in wildlife damage control should mutually cooperate in their related efforts.

CREDIT(S)

Laws 2001, c. 792, § 1.

 

610.060. Wildlife law provisions effect on noxious or predatory animal control

 Nothing in the wildlife laws is intended to deny the right of any person to control predatory animals as provided in ORS 610.105.

CREDIT(S)

Laws 1971, c. 658, § 28; Laws 1973, c. 723, § 126; Laws 1975, c. 214, § 2; Laws 1975, c. 791, § 3.

 


610.105. Control of noxious rodents or predatory animals

 Any person owning, leasing, occupying, possessing or having charge of or dominion over any land, place, building, structure, wharf, pier or dock which is infested with ground squirrels and other noxious rodents or predatory animals, as soon as their presence comes to the knowledge of the person, may, or the agent of the person may, proceed immediately and continue in good faith to control them by poisoning, trapping or other appropriate and effective means.

CREDIT(S)

Amended by Laws 1971, c. 658, § 30.

 

610.150. Wolf depredation compensation and financial assistance grant program; qualification of counties; implementation

(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 ORS 610.155, 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 ORS 610.155, 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 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 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 ORS 610.155 to pay expenses incurred in administering the wolf depredation compensation and financial assistance grant program.

CREDIT(S)

Added by Laws 2011, c. 690, § 1, eff. Aug. 2, 2011.

 

610.155. Wolf Management Compensation and Proactive Trust Fund

(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 ORS 610.150.

(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 ORS 610.150. The department shall deposit such moneys into the fund.

CREDIT(S)

Added by Laws 2011, c. 690, § 2, eff. Aug. 2, 2011.

 

610.990. Penalties

<Text subject to final change by the Oregon Office of the Legislative Counsel.>

(1) Violation of ORS 610.045 is a Class A violation.

(2) Violation of ORS 610.050 is a Class A misdemeanor.

CREDIT(S)

Amended by Laws 1959, c. 299, § 3; subsection (2) enacted as Laws 1959, c. 299, § 2(3); Laws 1971, c. 743, § 401; Laws 1981, c. 95, § 4; Laws 1999, c. 1051, § 209; Laws 2011, c. 597, § 251, eff. July 1, 2011, operative Jan. 1, 2012.



 



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