2017 ORS 498.164¹
Use of dogs or bait to hunt black bears or cougars
  • prohibitions
  • exemptions
  • penalties
  • rules

(1) Except as provided in subsections (2) 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)(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. The 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 is 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 must 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 (Authority of department to require fingerprints) 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 (Taking wildlife causing damage, posing public health risk or that is public nuisance) relating to taking wildlife that is causing damage.

(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.

(6) The commission shall report biennially pursuant to ORS 496.128 (Reports by commission) regarding the department’s appointment and use of agents under this section. The report must include information on the use of agents in implementing any black bear management program and any cougar management program of the department and a summary of public input taken by the department regarding use of the agents.

(7) For the purposes of this section, “bait” means any material placed for the purpose of attracting or attempting to attract bears. [1995 c.4 §1; 2003 c.248 §2; 2007 c.675 §§1,2; 2013 c.376 §2]

Note: The amendments to 498.164 (Use of dogs or bait to hunt black bears or cougars) by section 3, chapter 376, Oregon Laws 2013, become operative January 2, 2019. See section 4, chapter 376, Oregon Laws 2013. The text that is operative on and after January 2, 2019, is set forth for the user’s convenience.

498.164 (Use of dogs or bait to hunt black bears or cougars). (1) Except as provided in subsections (2) and (3) 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 (Taking wildlife causing damage, posing public health risk or that is public nuisance) relating to taking wildlife that is causing damage.

(4) 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) For the purposes of this section, “bait” means any material placed for the purpose of attracting or attempting to attract bears.

Note: 498.164 (Use of dogs or bait to hunt black bears or cougars) was enacted into law but was not added to or made a part of ORS chapter 498 or any series therein by law. See Preface to Oregon Revised Statutes for further explanation.

Chapter 498

Notes of Decisions

Sufficiency of uniform game cita­tion is governed by [former] ORS 153.720, not by statutes applicable to indict­ments. State v. Herrera, 152 Or App 22, 952 P2d 566 (1998)

1 Legislative Counsel Committee, CHAPTER 498—Hunting, Angling and Trapping Regulations; Miscellaneous Wildlife Protective Measures, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­ors498.­html (2017) (last ac­cessed Mar. 30, 2018).
 
2 Legislative Counsel Committee, Annotations to the Oregon Revised Stat­utes, Cumulative Supplement - 2017, Chapter 498, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­ano498.­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.