ORS 498.012
Taking wildlife causing damage, posing public health risk or that is public nuisance


(1)

Nothing in the wildlife laws is intended to prevent any person from taking any wildlife that is causing damage, is a public nuisance or poses a public health risk on land that the person owns or lawfully occupies. However, no person shall take, pursuant to this subsection, at a time or under circumstances when such taking is prohibited by the State Fish and Wildlife Commission, any game mammal or game bird, fur-bearing mammal or nongame wildlife species, unless the person first obtains a permit for such taking from the commission.

(2)

Intentionally left blank —Ed.

(a)

Nothing in subsection (1) of this section requires a permit for the taking of cougar, bobcat, red fox or bear pursuant to that subsection. However, any person who takes a cougar, bobcat, red fox or bear must have in possession written authority therefor from the landowner or lawful occupant of the land that complies with subsection (4) of this section.

(b)

Nothing in subsection (1) of this section requires the commission to issue a permit for the taking of any wildlife species for which a U. S. Fish and Wildlife Service permit is required pursuant to the Migratory Bird Treaty Act (16 U.S.C. 703 to 711), as amended.

(3)

Any person who takes, pursuant to subsection (1) of this section, any cougar, bobcat, red fox, bear, game mammal, game bird, fur-bearing mammal or wildlife species whose survival the commission determines is endangered shall immediately report the taking to a person authorized to enforce the wildlife laws, and shall dispose of the wildlife in such manner as the commission directs. In determining procedures for disposal of bear and cougar, the commission shall direct the State Department of Fish and Wildlife to first offer the animal to the landowner incurring the damage.

(4)

The written authority from the landowner or lawful occupant of the land required by subsection (2) of this section for the taking of cougar, bobcat, red fox or bear must set forth all of the following:

(a)

The date of issuance of the authorization;

(b)

The name, address, telephone number and signature of the person granting the authorization;

(c)

The name, address and telephone number of the person to whom the authorization is granted;

(d)

The wildlife damage control activities to be conducted, whether for bear, cougar, red fox or bobcat; and

(e)

The expiration date of the authorization, which shall be not later than one year from the date of issuance of the authorization.

(5)

Any regional office of the State Department of Fish and Wildlife ordering the disposal of an animal under subsection (3) of this section shall file a report with the State Fish and Wildlife Director within 30 days after the disposal. The report shall include but need not be limited to the loss incurred, the financial impact and the disposition of the animal. The director shall compile all reports received under this subsection on a bimonthly basis. The reports compiled by the director shall be available to the public upon request.

(6)

ORS 498.014 (Taking of wolves by State Department of Fish and Wildlife to address chronic depredation) governs the taking of wolves that are causing damage.

(7)

As used in this section:

(a)

“Damage” means loss of or harm inflicted on land, livestock or agricultural or forest crops.

(b)

“Nongame wildlife” has the meaning given that term in ORS 496.375 (“Nongame wildlife” defined).

(c)

“Public nuisance” means loss of or harm inflicted on gardens, ornamental plants, ornamental trees, pets, vehicles, boats, structures or other personal property. [1973 c.723 §75; 1977 c.136 §2; 1979 c.399 §3; 1985 c.332 §1; 1985 c.489 §1a; 1999 c.531 §1; 2003 c.248 §1; 2013 c.626 §4]
Note: Sections 1 to 3, chapter 331, Oregon Laws 2017, provide:
Sec. 1. Urban deer and elk population control. (1) As used in this section, “food bank or other charitable organization” has the meaning given that term in ORS 315.154 (Definitions for crop donation credit).

(2)

The State Fish and Wildlife Commission shall develop and adopt by rule a pilot program for urban deer and elk population control that:

(a)

Following the passage by a city of an ordinance, resolution or order declaring that a deer or elk population has risen to a level that constitutes a public nuisance, allows the city to petition the State Department of Fish and Wildlife for assistance in reducing the deer or elk population level within city limits; and

(b)

In cities where the department determines that a deer or elk population constitutes a public nuisance, allows a local government body or an appropriate agent to take the deer or elk for the purpose of reducing the deer or elk population level.

(3)

To implement the pilot program under this section, the department shall consult with:

(a)

The governing bodies of cities where high urban deer or elk populations are a concern; and

(b)

Food banks or other charitable organizations that serve the governing bodies described in paragraph (a) of this subsection.

(4)

Rules for the pilot program adopted by the commission must include, but need not be limited to:

(a)

Provisions for the means and manner by which deer and elk may be taken under the pilot program, which must include a prohibition on taking deer or elk by dart or lethal injection;

(b)

Provisions for ensuring, to the extent feasible, that the edible portions of any deer or elk taken under the pilot program are distributed, at the expense of the local government, to a local food bank or other charitable organization;

(c)

A requirement that, if the hides and antlers of a deer or elk taken under the program are not sold by the local government to persons licensed under ORS 498.019 (Purchase, sale or exchange of hides, antlers and other parts of deer, elk and antelope), that the antlers must be surrendered to the department; and

(d)

Provisions for ensuring that the number of deer and elk taken under the pilot program do not exceed the number necessary to be taken to reduce the deer or elk population to a level that no longer constitutes a public nuisance.

(5)

Prior to exercising any power granted by the pilot program adopted under this section, the governing body of a city shall adopt by ordinance restrictions on placing, depositing, distributing, storing or scattering food, garbage or any other attractant so as to knowingly constitute a lure, attractant or enticement for deer or elk. [2017 c.331 §1; 2021 c.144 §1]
Sec. 2. Report on pilot program. (1) The State Department of Fish and Wildlife shall first allow a local government to engage in activities related to deer pursuant to the pilot program adopted under section 1, chapter 331, Oregon Laws 2017, no later than January 1, 2019.

(2)

The department may first allow a local government to engage in activities related to elk pursuant to the pilot program described in section 1, chapter 331, Oregon Laws 2017, as amended by section 1 of this 2021 Act, on or after the effective date of this 2021 Act [January 1, 2022].

(3)

The department shall prepare and submit a report in the manner provided in ORS 192.245 (Form of report to legislature) on the implementation of the urban deer and elk population control pilot program, that may include recommendations for legislation, to the committees of the Legislative Assembly related to the environment and natural resources during the 2027 regular session of the Legislative Assembly. [2017 c.331 §2; 2021 c.144 §2]
Sec. 3. Sections 1 and 2 of this 2017 Act are repealed on January 1, 2029. [2017 c.331 §3]

Source: Section 498.012 — Taking wildlife causing damage, posing public health risk or that is public nuisance, https://www.­oregonlegislature.­gov/bills_laws/ors/ors498.­html.

Notes of Decisions

Permit requirement of this section is reasonable restraint on defendant’s right to protect his property. State v. Webber, 85 Or App 347, 736 P2d 220 (1987), Sup Ct review denied

498.002
Wildlife as state property
498.006
Chasing or harassing wildlife prohibited
498.012
Taking wildlife causing damage, posing public health risk or that is public nuisance
498.014
Taking of wolves by State Department of Fish and Wildlife to address chronic depredation
498.016
Taking crippled or helpless wildlife
498.018
Commercial cervid attractants
498.019
Purchase, sale or exchange of hides, antlers and other parts of deer, elk and antelope
498.021
Short title
498.022
Purchase, sale, exchange or possession of wildlife or wildlife parts or products
498.026
Transaction in threatened or endangered wildlife species prohibited
498.029
Purchase, sale or exchange of fox, skunk or raccoon prohibited
498.032
Angling or hunting for compensation in violation of wildlife laws or rules prohibited
498.036
Possession in field of skinned or plucked wildlife prohibited
498.042
Removal of parts of wildlife and waste of wildlife prohibited
498.046
Making toxic substances accessible to wildlife prohibited
498.048
Devices propelling cyanide
498.052
Releasing domestically raised or imported wildlife without permit prohibited
498.056
Aiming rifle from moving motor vehicle prohibited
498.102
Use of dogs to hunt or track game mammals or birds
498.106
Competitive field trials for hunting dogs
498.112
Use of live birds for competitive shooting prohibited
498.120
Hunting on another’s cultivated or enclosed land
498.126
Hunting or assisting others to hunt or locate game animals or birds by aircraft prohibited
498.128
Use of drones for pursuit of wildlife prohibited
498.136
Hunting from motor-propelled vehicle restricted
498.142
Hunting with artificial light restricted
498.146
Shining artificial light on game mammal, predatory animal or livestock while in or near motor vehicle and while in possession of weapon restricted
498.152
Agreements restricting parking or use of motor vehicles on certain lands
498.153
Parking vehicle in violation of restrictions
498.154
Notice adequate to charge defendant
498.155
Failure to appear
498.158
Hunting or trapping wildlife in certain governmental districts restricted
498.164
Use of dogs or bait to hunt black bears or cougars
498.166
Bears or cougars posing threat to human safety
498.170
Hunters who have a visual impairment
498.172
Trap check requirements
498.180
Sale of hunts for feral swine prohibited
498.182
Knowingly allowing feral swine to roam on certain lands prohibited
498.208
Use of electricity or foreign substances to take game fish prohibited
498.216
Angling from fishways restricted
498.222
Transportation or release of fish without permit prohibited
498.228
Possession of fish taken outside state restricted
498.234
Protection of finfish and shellfish from introduction of disease
498.242
Possession of walking catfish and piranha restricted
498.247
Protection of juvenile salmonids from cormorants
498.257
Prohibition on possession, sale, trade or distribution of shark fins
498.279
Black bass and walleye angling contests
498.286
Prize limitation
498.301
Policy
498.306
Screening or by-pass devices for water diversions
498.316
Exemption from screening or by-pass devices
498.321
Screening or by-pass standards
498.326
Department guidelines for screening and by-pass projects
498.336
Statutes not construed to limit ability to acquire funding for screening or by-pass devices
498.341
Additional funding
498.346
Injunction to require compliance with screening or by-pass requirements
498.400
Definitions for ORS 498.400 to 498.464
498.406
License to operate certain outdoor clubs required
498.412
Application of ORS 498.406
498.418
License application
498.424
Report to commission required
498.432
Notice to applicant upon receipt of license application
498.438
Investigatory power of commission over outdoor clubs required to be licensed
498.444
Information developed in licensing process as public record
498.452
Grounds for denial or revocation of license
498.458
Term of license
498.464
Commission authority to restrain violations of outdoor club laws
498.500
Mitigation of adverse effects on core area habitat
498.502
Actions that affect core area habitat
498.504
Sage Grouse Mitigation Program In-Lieu Fee Fund
498.825
Oregon Hatchery Research Center Board
498.827
Duties of Oregon Hatchery Research Center Board
498.829
Officers
498.831
Oregon Hatchery Research Center
498.833
Oregon Hatchery Research Center
498.850
Disposition of hatchery-produced fish carcasses
498.993
Penalty for violation of outdoor club laws
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