ORS Chapter 610 - Oregon Statutes

Chapter 610 — PredatoryAnimals

 

2009 EDITION

 

 

PREDATORYANIMALS

 

ANIMALS

 

610.002     “Predatoryanimals” defined

 

610.003     Bobcatand red fox control permitted

 

610.005     Administrationof laws for destruction of predatory animals

 

610.010     Cooperationwith United States Department of Agriculture

 

610.015     Countyappropriations for destruction of predatory animals

 

610.020     PredatoryAnimal, Rabbit and Rodent Control Fund

 

610.025     Countyappropriations matching state funds for control and eradication of predatory animals;gifts from private persons

 

610.030     Apportionmentof money appropriated by state to eradicate animals

 

610.032     Refundof unexpended funds appropriated by county for predatory animal control

 

610.035     Employmentof hunters and trappers; cooperation with United States Department ofAgriculture

 

610.040     Moneyfrom sale of skins

 

610.045     Keepingcoyotes in captivity

 

610.050     Theftof animal control device or animal caught by device

 

610.055     Findingson wildlife damage

 

610.060     Effectof certain wildlife law provisions on predatory animal control

 

610.105     Authorityto control noxious rodents or predatory animals

 

610.990     Penalties

 

      610.002“Predatory animals” defined. As used in this chapter, “predatoryanimal” or “predatory animals” includes feral swine as defined by StateDepartment of Agriculture rule, coyotes, rabbits, rodents and birds that are ormay be destructive to agricultural crops, products and activities, butexcluding game birds and other birds determined by the State Fish and WildlifeCommission to be in need of protection. [1959 c.240 §2; 1971 c.658 §29; 1977c.136 §4; subsection (2) of 610.002 renumbered 610.003; 1979 c.399 §2; 2001c.125 §2]

 

      610.003Bobcat and red fox control permitted. Notwithstanding any other provision oflaw, the State Department of Agriculture, after consultation with the StateDepartment of Fish and Wildlife, may implement bobcat and red fox controlprocedures as authorized under this chapter, for a specified period of time andwithin a specified area, if the State Department of Agriculture determines suchaction is necessary to protect domestic mammals or birds. [Formerly subsection(2) of 610.002; 1979 c.399 §4]

 

      610.005Administration of laws for destruction of predatory animals. The laws forthe destruction, eradication or control of predatory animals by the state shallbe administered by the State Department of Agriculture. Any sums appropriatedby the legislature for such purposes shall be expended in cooperation with theUnited States Department of Agriculture. No part of any such appropriationshall be paid for bounties. [Amended by 1959 c.240 §3; 1989 c.750 §1]

 

      610.010Cooperation with United States Department of Agriculture. The StateDepartment of Agriculture shall enter into definite cooperative agreements withthe United States Department of Agriculture, prescribing the manner, terms andconditions of such cooperation and the amounts which the state and federalgovernments will contribute thereto. [Amended by 1959 c.240 §4; 1989 c.750 §2]

 

      610.015County appropriations for destruction of predatory animals. The variouscounty courts and boards of county commissioners may appropriate out of countygeneral funds any amount of money that, in their judgment, is necessary to beexpended in cooperating with the State Department of Agriculture and with theUnited States Department of Agriculture in carrying out ORS 610.002 to 610.040and 610.105. However, no county shall be called upon to appropriate any amountof money for the purpose of such sections where it is not spent within theborder of the county. [Amended by 1959 c.240 §5; 1981 c.95 §2; 1989 c.750 §3]

 

      610.020Predatory Animal, Rabbit and Rodent Control Fund. (1) From allmoney 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 thissection, the State Fish and Wildlife Commission shall set aside an amount of atleast $60,000 in any one calendar year in a budget fund to be known as thePredatory Animal, Rabbit and Rodent Control Fund.

      (2)Such fund shall be expended by the State Fish and Wildlife Commission incooperation with the State Department of Agriculture and the United StatesDepartment of Agriculture for the control and destruction of predatory animals,rabbits and rodents in the state. Any part of such fund remaining unexpended atthe end of any calendar year shall remain in the fund for expenditure duringthe succeeding year. [Amended by 1959 c.680 §1; 1989 c.750 §4; 2001 c.930 §1]

 

      610.025County appropriations matching state funds for control and eradication ofpredatory animals; gifts from private persons. (1) Onpresentation of a petition signed by 100 taxpayers of any county and astatement from the State Department of Agriculture to the effect that certainstate funds are available for expenditure in the county where the petitionersreside, the county court may appropriate from the general fund of the county anamount of money equal to, or in excess of, the state funds available forexpenditure within the county and forward such money to the State Department ofAgriculture to be expended for the control and eradication of predatory animalsas provided by ORS 610.030 to 610.040.

      (2)The county court or board of county commissioners of any county may acceptgifts and donations from private persons or associations of persons to beexpended for the control and eradication of predatory animals as provided byORS 610.025 to 610.040. Moneys received by the county under this subsectionshall be forwarded to the State Department of Agriculture to be expended forthe control and eradication of predatory animals as provided by ORS 610.025 to610.040. [Amended by 1953 c.606 §4; 1965 c.485 §1]

 

      610.030Apportionment of money appropriated by state to eradicate animals. (1) The StateDepartment of Agriculture shall apportion any money appropriated by theLegislative Assembly for the purpose set forth in ORS 610.025, among thecounties according to the necessity for control and eradication of predatoryanimals and the financial cooperation received from the counties.

      (2)Moneys paid or forwarded pursuant to ORS 610.025 by the county court of anycounty to the State Department of Agriculture, and moneys allotted by the StateDepartment of Agriculture for expenditure within any county, hereby areappropriated continuously for and shall be expended only in the control ofcoyotes and other harmful predatory animals within the boundaries of the countyin accordance with the terms and conditions fixed by the State Department ofAgriculture and the United States Department of Agriculture, unless otherwiseauthorized by the county court. [Amended by 1953 c.606 §4; 1965 c.485 §2; 1989c.750 §5; 1999 c.59 §182]

 

      610.032Refund of unexpended funds appropriated by county for predatory animal control. Any unexpendedand unobligated funds appropriated by a county court or board of countycommissioners for the destruction, eradication or control of predatory animalsunder ORS 610.015 or 610.025 may be refunded if the State Department ofAgriculture finds that such funds are not necessary to carry out ORS 610.002 to610.040 and 610.105. [1959 c.541 §2; 1981 c.95 §3]

 

      610.035Employment of hunters and trappers; cooperation with United States Departmentof Agriculture.(1) The State Department of Agriculture may employ hunters and expert trappersthroughout the state for the purpose of controlling and eradicating coyotes andother harmful predatory animals. The department may also provide funds foradministrative purposes in connection with predatory animal control anderadication.

      (2)For the purpose of carrying on this work the department shall enter intocontracts with the United States Department of Agriculture in order to preventduplication, secure proper administration and enlist the financial support ofthe federal government. [Amended by 1989 c.750 §6]

 

      610.040Money from sale of skins. Money received by the State Department ofAgriculture from the sale of skins shall be paid into the State Treasury andexpended in the county from which the skins were taken, in the control anderadication of predatory animals.

 

      610.045Keeping coyotes in captivity. Coyotes shall not be kept in captivityexcept in public parks or zoos or in compliance with the terms and conditionsof a permit issued pursuant to ORS 497.308 and 497.312. The justice court andcircuit court have concurrent jurisdiction of any violation of this section. [Amendedby 1977 c.247 §3]

 

      610.050Theft of animal control device or animal caught by device. (1) No person shallsteal, take or molest a trap, poison bait station, coyote getter or otherdevice which is operated, possessed or controlled by an employee of a county,state or federal government for the purpose of the eradication of noxious orpredatory animals.

      (2)No person shall steal, take or molest any noxious or predatory animal capturedor killed by any such device described in subsection (1) of this section. [1959c.299 §2(1),(2)]

 

      610.055Findings on wildlife damage. The Legislative Assembly finds and declaresthat it is the policy of this state that:

      (1)Appropriate measures must be taken to assist farmers, ranchers and others inresolving wildlife damage problems; and

      (2)Federal, state, county and other local governments involved in wildlife damagecontrol should mutually cooperate in their related efforts. [2001 c.792 §1]

 

      Note: 610.055 wasenacted into law by the Legislative Assembly but was not added to or made apart of ORS chapter 610 or any series therein by legislative action. SeePreface to Oregon Revised Statutes for further explanation.

 

      610.060Effect of certain wildlife law provisions on predatory animal control. Nothing in thewildlife laws is intended to deny the right of any person to control predatoryanimals as provided in ORS 610.105. [1971 c.658 §28; 1973 c.723 §126; 1975c.214 §2; 1975 c.791 §3]

 

      610.105Authority to control noxious rodents or predatory animals. Any personowning, leasing, occupying, possessing or having charge of or dominion over anyland, place, building, structure, wharf, pier or dock which is infested withground squirrels and other noxious rodents or predatory animals, as soon astheir presence comes to the knowledge of the person, may, or the agent of theperson may, proceed immediately and continue in good faith to control them bypoisoning, trapping or other appropriate and effective means. [Amended by 1971c.658 §30]

 

      610.110 [Repealed by1981 c.95 §1]

 

      610.115 [Repealed by1969 c.167 §1]

 

      610.120 [Repealed by1969 c.167 §1]

 

      610.125 [Amended by1969 c.167 §2; repealed by 1981 c.95 §1]

 

      610.130 [Amended by1969 c.167 §3; repealed by 1981 c.95 §1]

 

      610.135 [Repealed by1969 c.167 §1]

 

      610.140 [Repealed by1969 c.167 §1]

 

      610.145 [Repealed by1981 c.95 §1]

 

      610.205 [Amended by1967 c.293 §34; 1967 c.594 §2; repealed by 1981 c.95 §1]

 

      610.210 [Repealed by1981 c.95 §1]

 

      610.215 [Amended by1957 c.566 §1; repealed by 1981 c.95 §1]

 

      610.220 [Repealed by1981 c.95 §1]

 

      610.225 [Repealed by1981 c.95 §1]

 

      610.230 [Amended by1957 c.566 §2; repealed by 1981 c.95 §1]

 

      610.235 [Repealed by1981 c.95 §1]

 

      610.240 [Repealed by1959 c.299 §4]

 

      610.245 [Amended by1957 c.566 §4; repealed by 1959 c.299 §4]

 

      610.250 [Amended by1957 c.566 §3; repealed by 1959 c.299 §4]

 

      610.255 [Repealed by1959 c.299 §4]

 

      610.260 [Repealed by1959 c.299 §4]

 

      610.265 [Repealed by1959 c.299 §4]

 

      610.270 [Repealed by1959 c.299 §4]

 

      610.275 [Repealed by1959 c.299 §4]

 

      610.280 [Repealed by1959 c.299 §4]

 

      610.285 [Repealed by1959 c.299 §4]

 

      610.290 [Repealed by1959 c.299 §4]

 

      610.295 [Repealed by1961 c.154 §1]

 

      610.300 [Repealed by1971 c.743 §432]

 

      610.405 [Repealed by1981 c.95 §1]

 

      610.410 [Repealed by1981 c.95 §1]

 

      610.415 [Repealed by1981 c.95 §1]

 

      610.420 [Repealed by1981 c.95 §1]

 

      610.425 [Repealed by 1981c.95 §1]

 

      610.430 [Repealed by1981 c.95 §1]

 

      610.505 [Repealed by1981 c.95 §1]

 

      610.510 [Repealed by1981 c.95 §1]

 

      610.515 [Repealed by1981 c.95 §1]

 

      610.520 [Repealed by1981 c.95 §1]

 

      610.525 [Repealed by1981 c.95 §1]

 

      610.990Penalties.(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 morethan $500, or by imprisonment in the county jail not more than one year, orboth. [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]

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