77th OREGON LEGISLATIVE ASSEMBLY--2013 Regular Session

                            Enrolled

                         House Bill 2390

Introduced and printed pursuant to House Rule 12.00. Presession
  filed (at the request of Governor John A. Kitzhaber, M.D., for
  State Department of Fish and Wildlife)

                     CHAPTER ................

                             AN ACT

Relating to the use of dogs for the management of wildlife;
  creating new provisions; amending ORS 498.164; and repealing
  section 3, chapter 675, Oregon Laws 2007.

Be It Enacted by the People of the State of Oregon:

  SECTION 1.  { + Section 3, chapter 675, Oregon Laws 2007, is
repealed. + }
  SECTION 2. ORS 498.164, as amended by section 2, chapter 675,
Oregon Laws 2007, is amended to read:
  498.164. (1) Except as provided in subsections (2)   { - and
(3) - }  { + 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

Enrolled House Bill 2390 (HB 2390-B)                       Page 1

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 for the purpose of requesting state or nationwide
criminal records checks. + }
    { - (3) - }   { + (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 relating to taking wildlife that is
causing damage.
    { - (4) - }   { + (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 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. + }
    { - (5) - }   { + (7) + } For the purposes of this section,
'bait' means any material placed for the purpose of attracting or
attempting to attract bears.
  SECTION 3. ORS 498.164, as amended by section 2, chapter 675,
Oregon Laws 2007, and section 2 of this 2013 Act, is amended to
read:
  498.164. (1) Except as provided in subsections (2)   { - to
(4) - }  { + 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)(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. - }
Enrolled House Bill 2390 (HB 2390-B)                       Page 2

    { - (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 for the purpose of requesting state or
nationwide criminal records checks. - }
    { - (4) - }   { + (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 relating to taking wildlife that is
causing damage.
    { - (5) - }   { + (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.
    { - (6) The commission shall report biennially pursuant to
ORS 496.128 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) - }   { + (5) + } For the purposes of this section,
'bait' means any material placed for the purpose of attracting or
attempting to attract bears.
  SECTION 4.  { + The amendments to ORS 498.164 by section 3 of
this 2013 Act become operative on January 2, 2019. + }
                         ----------

Passed by House March 19, 2013

Repassed by House June 6, 2013

    .............................................................
                             Ramona J. Line, Chief Clerk of House

    .............................................................
                                     Tina Kotek, Speaker of House

Passed by Senate June 4, 2013

    .............................................................
                              Peter Courtney, President of Senate

Enrolled House Bill 2390 (HB 2390-B)                       Page 3

Received by Governor:

......M.,............., 2013

Approved:

......M.,............., 2013

    .............................................................
                                         John Kitzhaber, Governor

Filed in Office of Secretary of State:

......M.,............., 2013

    .............................................................
                                   Kate Brown, Secretary of State

Enrolled House Bill 2390 (HB 2390-B)                       Page 4