2017 ORS 496.731¹
Written notification requiring removal of attractant for potentially habituated wildlife
  • exceptions

(1) As used in this section:

(a) “Officer” means any person authorized to enforce the wildlife laws pursuant to ORS 496.605 (Enforcement of wildlife laws by State Fish and Wildlife Director, deputies and peace officers), 496.610 (State police to enforce wildlife laws) or 496.615 (Commission employees to supplement state police).

(b) “Potentially habituated wildlife” means bear, cougar, coyote and wolf.

(2) A person who places, deposits, distributes, stores or scatters food, garbage or any other attractant so as to knowingly constitute a lure, attraction or enticement for potentially habituated wildlife may be issued a written notification by an officer requiring the person to remove the food, garbage or other attractant within two days of notification.

(3) A person who receives a written notification under subsection (2) of this section shall remove the food, garbage or other attractant as directed.

(4) This section does not apply to:

(a) Activities related to an agricultural, forestry or ranching operation.

(b) Feeding potentially habituated wildlife with the State Fish and Wildlife Director’s authorization. The director may authorize the feeding:

(A) In order to prevent damage to private property;

(B) In order to mitigate the population loss anticipated by a predicted winter mortality; or

(C) As a part of a research or management program.

(c) Waste disposal facilities operating in accordance with applicable federal, state and local laws.

(d) Zoos, wildlife refuges and persons that have a permit to keep wildlife in captivity for rehabilitation or other purposes pursuant to ORS 497.228 (Wildlife propagation license), 497.298 (Scientific taking permit) or 497.308 (Wildlife holding and habitat removal permits).

(5) Nothing in this section affects any provision of ORS 498.164 (Use of dogs or bait to hunt black bears or cougars). [2011 c.284 §3]

Chapter 496

Notes of Decisions

Fish and Wildlife Commission has statutory authority to provide by rule for is suance of special ceremonial hunting permits for specific tribes that are not otherwise allowed under hunting and fishing agree­ment between federal and state govern­ments and that tribe. Confederated Tribes of Siletz Indians of Oregon v. Depart­ment of Fish and Wildlife, 244 Or App 535, 260 P3d 705 (2011)

Atty. Gen. Opinions

Commission authority to restrict use of boat ramp it locates on state land, (1971) Vol 35, p 900

1 Legislative Counsel Committee, CHAPTER 496—Application, Administration and Enforcement of Wildlife Laws, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­ors496.­html (2017) (last ac­cessed Mar. 30, 2018).
 
2 Legislative Counsel Committee, Annotations to the Oregon Revised Stat­utes, Cumulative Supplement - 2017, Chapter 496, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­ano496.­html (2017) (last ac­cessed Mar. 30, 2018).
 
3 OregonLaws.org assembles these lists by analyzing references between Sections. Each listed item refers back to the current Section in its own text. The result reveals relationships in the code that may not have otherwise been apparent.