 |
 |
|
|
|
|
| search a lawyer |
|
|
| ACTS, STATUTES |
|
|
|
|
|
|
|
|
|
|
|
|
| Home > Statutes > Usa Oregon |
|
USA Statutes : oregon
Title : TITLE 48 ANIMALS
Chapter : Chapter 610 Predatory Animals
|
|
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
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. [Formerly subsection (2) of
610.002; 1979 c.399 §4]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. [Amended by 1959 c.240 §3; 1989 c.750 §1]
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. [Amended
by 1959 c.240 §4; 1989 c.750 §2]
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. [Amended by 1959 c.240 §5; 1981 c.95 §2; 1989 c.750 §3] (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.
[Amended by 1959 c.680 §1; 1989 c.750 §4; 2001 c.930 §1](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. [Amended by 1953
c.606 §4; 1965 c.485 §1](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. [Amended by 1953 c.606 §4; 1965 c.485 §2; 1989 c.750
§5; 1999 c.59 §182]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. [1959 c.541 §2; 1981 c.95 §3](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. [Amended by 1989 c.750 §6] 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. 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. [Amended by 1977 c.247 §3]
(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. [1959 c.299 §2(1),(2)] 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. [2001 c.792 §1]Note: 610.055 was enacted into law by the Legislative Assembly but
was not added to or made a part of ORS chapter 610 or any series therein
by legislative action. See Preface to Oregon Revised Statutes for further
explanation.Nothing in the wildlife laws is intended to deny the
right of any person to control predatory animals as provided in ORS
610.105. [1971 c.658 §28; 1973 c.723 §126; 1975 c.214 §2; 1975 c.791 §3]
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. [Amended by 1971 c.658 §30](1) Violation of ORS 610.045 is a Class A
violation.
(2) Violation of ORS 610.050 is punishable upon conviction by a
fine of not more than $500, or by imprisonment in the county jail not
more than one year, or both. [Amended by 1959 c.299 §3; subsection (2)
enacted as 1959 c.299 §2(3); 1971 c.743 §401; 1981 c.95 §4; 1999 c.1051
§209]
_______________CHAPTERS 611 TO 615 [Reserved for expansion]
|
|
|
|
