2023 Oregon Revised Statutes › Volume : 14 - Drugs and Alcohol, Fire Protection, Natural Resources › Chapter 498 - Hunting, Angling and Trapping Regulations; Miscellaneous Wildlife Protective Measures › Section 498.012 - Taking wildlife causing damage, posing public health risk or that is public nuisance; rules.

(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) Subsection (1) of this section does not:
(a) Require 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) Require 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.
(c) Require a permit for the taking of a beaver:
(A) If the beaver damages or imminently threatens infrastructure or agricultural crops.
(B) By an owner of small forestland, as defined in ORS 498.062, or a designee of the owner, if the beaver is causing damage or has the potential to cause damage.
(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 governs the taking of wolves that are causing damage.
(7)(a) The commission shall adopt rules governing the taking of beavers authorized by subsection (1) of this section.
(b) The rules must:
(A) Require a person who takes a beaver to report the taking, even if the taking is authorized by the commission for emergency purposes.
(B) Address the taking of beavers that occurs on private land and the taking of beavers that occurs during a time other than an authorized trapping season.
(C) Be consistent with the provisions of subsection (2)(c) of this section.
(c) In adopting the rules, the commission shall consider:
(A) Ways to encourage coexistence with beavers.
(B) The use of tools to manage or prevent damage caused by beavers, including tools such as tree protection, pond levelers and culvert protection systems.
(C) Whether to require a person who takes a beaver to report the location of the taking, including the watershed or subwatershed in which the taking occurred.
(D) Under which conditions to authorize a person to take a beaver without a permit if the beaver is causing damage to property or infrastructure.
(8) A person who takes a beaver pursuant to subsection (2)(c)(A) of this section shall report the taking as required by rules adopted by the commission under subsection (7) of this section.
(9) Rules adopted pursuant to subsection (7) of this section do not apply to the taking of a beaver on privately owned forestland if the taking is subject to the provisions of ORS 498.061, 498.062 or 498.063.
(10) The department shall publish data related to takings of beavers in an annual report and shall make the report available to the public.
(11) As used in this section:
(a) "Damage" means loss of or harm inflicted on land, livestock or agricultural or forest crops.
(b) "Forestland" has the meaning given that term in ORS 527.620.
(c) "Nongame wildlife" has the meaning given that term in ORS 496.375.
(d) "Public nuisance" means loss of or harm inflicted on gardens, ornamental plants, ornamental trees, pets, vehicles, boats, structures or other personal property.
(e) "Small forestland" has the meaning given that term in ORS 498.062. [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; 2023 c.445 §2]
Note:
Sections 3 and 4, chapter 445, Oregon Laws 2023, provide:
Sec. 3.
The State Fish and Wildlife Commission shall adopt rules required under ORS 498.012 (7) on or before December 31, 2024. [2023 c.445 §3]
Sec. 4.
(1) The amendments to ORS 610.002 by section 1 of this 2023 Act become operative on the date the State Fish and Wildlife Commission adopts the rules required under ORS 498.012 (7).
(2) The commission shall notify the Legislative Counsel upon adoption of rules required under ORS 498.012 (7). [2023 c.445 §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.
(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, 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 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]